89 Cited authorities

Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 17,299 times 71 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,570 times 141 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Ward v. Rock Against Racism
491 U.S. 781 (1989) Cited 2,905 times 8 Legal Analyses
Holding that music is protected expression
Heller v. Doe
509 U.S. 312 (1993) Cited 2,362 times 1 Legal Analyses
Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"
Employment Div. v. Smith
494 U.S. 872 (1990) Cited 2,290 times 36 Legal Analyses
Holding that the limitation articulated in Sherbert v. Verner, 374 U.S. 398-i.e., that governmental actions that substantially burden a religious practice must be justified by a compelling governmental interest-does not apply to neutral, generally applicable laws
Grayned v. City of Rockford
408 U.S. 104 (1972) Cited 4,753 times 6 Legal Analyses
Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"
Planned Parenthood of Southeastern Pa. v. Casey
505 U.S. 833 (1992) Cited 1,870 times 29 Legal Analyses
Holding that a spousal notification provision was unconstitutional
Hill v. Colorado
530 U.S. 703 (2000) Cited 1,307 times 6 Legal Analyses
Holding content neutral a ban on "picketing," "demonstrating," "protest, education, or counseling" even though it may require the government "to review the content of the statements made"
Lawrence v. Texas
539 U.S. 558 (2003) Cited 1,165 times 33 Legal Analyses
Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment
Roe v. Wade
410 U.S. 113 (1973) Cited 4,109 times 26 Legal Analyses
Holding that end of pregnancy did not moot the case because the plaintiff was capable of becoming pregnant again
Section Amendment I - Religion and Expression
U.S. Const. amend. I Cited 7,272 times 3 Legal Analyses
Recognizing the "right to petition the Government for redress of grievances"
Section 1014 - Privilege established
Cal. Evid. Code § 1014 Cited 231 times
Recognizing a patient’s "privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist"
Section 2903 - Practice of psychology; license requirement
Cal. Bus. & Prof. Code § 2903 Cited 29 times
Practicing psychology without a license
Section 2900 - Legislative findings and declarations
Cal. Bus. & Prof. Code § 2900 Cited 15 times
The Legislature finds and declares that practice of psychology in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of psychology and from unprofessional conduct by persons licensed to practice psychology. Ca. Bus. and Prof'l. Code § 2900 Repealed and added by Stats. 1967, Ch. 1677.
Section 865 - Definitions
Cal. Bus. & Prof. Code § 865 Cited 9 times
For the purposes of this article, the following terms shall have the following meanings: (a) "Mental health provider" means a physician and surgeon specializing in the practice of psychiatry, a psychologist, a psychological assistant, intern, or trainee, a licensed marriage and family therapist, a registered associate marriage and family therapist, a marriage and family therapist trainee, a licensed educational psychologist, a credentialed school psychologist, a licensed clinical social worker, an
Section 865.2 - Unprofessional conduct
Cal. Bus. & Prof. Code § 865.2 Cited 8 times
Any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject a mental health provider to discipline by the licensing entity for that mental health provider. Ca. Bus. and Prof'l. Code § 865.2 Added by Stats 2012 ch 835 (SB 1172),s 2, eff. 1/1/2013.
Section 865.1 - Age requirement
Cal. Bus. & Prof. Code § 865.1 Cited 8 times
Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under 18 years of age. Ca. Bus. and Prof'l. Code § 865.1 Added by Stats 2012 ch 835 (SB 1172),s 2, eff. 1/1/2013.
Section 2908 - No limitation on qualified members of other recognized professional groups
Cal. Bus. & Prof. Code § 2908 Cited 5 times
Exempting "persons utilizing hypnotic techniques by referral from persons licensed to practice medicine . . . or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders. . . ."
Section 2936 - Program of consumer and professional education
Cal. Bus. & Prof. Code § 2936 Cited 5 times
The board shall adopt a program of consumer and professional education in matters relevant to the ethical practice of psychology. The board shall establish as its standards of ethical conduct relating to the practice of psychology, the "Ethical Principles of Psychologists and Code of Conduct" published by the American Psychological Association (APA). Those standards shall be applied by the board as the accepted standard of care in all licensing examination development and in all board enforcement
Section 2941 - Examination and fee
Cal. Bus. & Prof. Code § 2941 Cited 4 times
(a) Each applicant for licensure as a psychologist shall take and pass any examination required by the board. An applicant may be examined for knowledge in any theoretical or applied fields of psychology, as well as professional skills and judgment in the use of psychological techniques and methods and the ethical practice of psychology, as the board deems appropriate. (b) Each applicant shall pay any applicable examination fees as prescribed in Section 2987. These fees shall not be refunded by the

Welch, et. al. v. Brown, et. al.

89 Cited authorities

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that music is protected expression

Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

Holding that the limitation articulated in Sherbert v. Verner, 374 U.S. 398-i.e., that governmental actions that substantially burden a religious practice must be justified by a compelling governmental interest-does not apply to neutral, generally applicable laws

Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"

Holding that a spousal notification provision was unconstitutional

Holding content neutral a ban on "picketing," "demonstrating," "protest, education, or counseling" even though it may require the government "to review the content of the statements made"

Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

Holding that end of pregnancy did not moot the case because the plaintiff was capable of becoming pregnant again

Recognizing the "right to petition the Government for redress of grievances"

Recognizing a patient’s "privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist"

Practicing psychology without a license

Exempting "persons utilizing hypnotic techniques by referral from persons licensed to practice medicine . . . or psychology, or persons utilizing hypnotic techniques which offer avocational or vocational self-improvement and do not offer therapy for emotional or mental disorders. . . ."