SCOTUS - A Lone Dissent—and a Warning for America

The recent Supreme Court decision in Chiles v. Salazar has once again placed before the American public a critical question: who ultimately controls speech in this country—the citizen or the state? 

In this case, eight members of the Court concluded that Colorado violated the First Amendment when it attempted to prohibit a Christian counselor from engaging in conversations with clients who voluntarily sought guidance consistent with their faith and convictions. Standing alone in dissent was Ketanji Brown Jackson.

Her dissent argued that the state has broad authority to regulate licensed professionals and therefore may restrict certain forms of speech when they occur within the context of counseling. But this reasoning opens a troubling door. If the government can regulate speech simply because it occurs between a counselor and a client, then what remains of the First Amendment’s protection for free expression? Once the state claims authority over what may be said in private conversations, especially those rooted in religious or moral convictions, the line between regulation and censorship becomes dangerously thin.

What makes this dissent even more concerning is the broader cultural influence that accompanies a seat on the Supreme Court. The Court is not merely a legal institution; it is also a moral and civic compass for the nation. Its members help shape how constitutional principles are understood by courts, lawmakers, and citizens across the country. When someone who appears to lack a clear moral compass occupies such a position of authority, the implications extend far beyond a single case.

Many Americans still remember Justice Jackson’s confirmation hearings when she was asked to define what a woman is and replied that she could not because she was “not a biologist.” That exchange revealed something deeper than political caution. It illustrated a growing cultural trend in which obvious truths are obscured by ideology. If our leaders cannot affirm basic realities, how can they be expected to discern what is right or wrong, lawful or unlawful, constitutional or unconstitutional?

This is not merely a disagreement over policy or jurisprudence. It is a clash between two visions of society—one rooted in enduring moral principles and another shaped by shifting ideological trends. The danger arises when the latter begins to dominate institutions that wield enormous authority over our national life.

Our founders understood that liberty depends upon moral clarity. John Adams famously wrote in 1798, “Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other.” Adams recognized that the freedoms guaranteed by the Constitution cannot survive in a vacuum. They require citizens and leaders who possess a moral compass capable of distinguishing truth from falsehood and right from wrong.

Looking at the cultural confusion that surrounds us today, Adams’ warning seems almost prophetic. If he were writing in our time, he might very well add that our Constitution also requires a people willing to reject nonsense and return to common sense. Common sense grounded in history. Common sense guided by morality. Common sense expressed through civility and reason.

When the voices shaping our highest institutions drift away from those foundations, the consequences ripple through every layer of society—our politics, our culture, and our civic life. A justice who views speech primarily through the lens of government regulation rather than individual liberty risks weakening one of the most essential protections our founders enshrined. FREE SPEECH.

The path forward is not despair but determination. Americans must rediscover the moral clarity and practical wisdom that once defined our public life. We must be willing to speak plainly, think clearly, and defend the freedoms that generations before us fought to secure.

If we hope to preserve the fabric of our republic, we must cast off the fog of ideological confusion and reclaim the steady ground of common sense. Only then can the principles of liberty, faith, and truth continue to guide this nation into the future.