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Fitspiration, Pseudo-Healthcare Professions, and the First Amendment

KATIE SULETA AND EMILY HEMENDINGER

There have been a handful of recent court cases against people operating in healthcare despite dubious qualifications and defending themselves by asserting their right to f ree speech. The case of Heather Kokesch Del Castillo, who was a self-identified nutritionist and health coach in Florida, was rejected by the U.S. Supreme Court (Saunders 2022). Florida protects the title of nutritionist by requiring specific credentials, training, and background (NutritionEd 2020). Del Castillo was operating outside these requirements and attempted to assert that her f reedom of speech allowed her to operate unqualified in this space. In Mississippi, health department officials have been slapped with a lawsuit asserting that they violated a woman’s f reedom of speech for asserting that she cannot operate as a dietician even though she isn’t one (Ramseth 2020). These two cases are canaries in the coal mine, raptors testing the fences. The wellness industry is exploding and allowing several pseudo-healthcare professions to operate outside the bounds of regulated healthcare.

People have many reasons for seeking alternative medical treatment. For starters, they are displeased with the healthcare system, a sentiment exacerbated by the COVID-19 pandemic.

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