I break down the legal layers, privilege, and free speech controversies swirling around Colorado’s statute.

Welcome back to Lawyer Talk, off the record and on the air. I'm Steve Palmer, and today, I'm taking you on a deeper dive into Chiles v Salazar —a Supreme Court case that’s got Colorado’s ban on conversion therapy in the spotlight and raises big questions around the First Amendment.

Brett from Circle 270 Media, our producer, threw out a great follow-up:

Does privilege come into play in therapy sessions affected by these laws?

I’ll be unpacking whether those counselor-patient conversations are really privileged, how privilege impacts legal investigations, and why the core issue isn’t privilege itself, but the government's push to regulate speech.

3 Key Takeaways:

• Privilege Doesn’t Override Constitutional Issues: Whether a conversation is privileged or not, the legal challenge is about the government restricting speech—constitutionally protected or not, privilege isn’t the deciding factor. (Speaker A at 02:05)
• Privileged Communication Isn’t Absolute: Privilege can be waived by the client; if the patient shares what was said in therapy, privilege may no longer apply and authorities could use that information. (Speaker A at 03:16)
• Enforcement Hurdles: Privilege makes investigation tougher (since conversations are confidential), but state agencies may look to marketing materials, interviews, or other disclosures to identify violations or trigger probes. (Speaker A at 04:06)

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2026 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com