Constitutional Rights Education for Mental Health Professionals
The Constitutional Rights of Mental Health Professionals are constantly under fire by activists who seek to silence opinions they don’t agree with, and by government bureaucrats with a lust for power. CounselorJam.com is a resource for Mental Health Professionals and others seeking to educate themselves about their rights as protected under the Constitution of the United States of America.
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Explore Our Library
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The Counseling Compact is Unnecessary and Unconstitutional
Yes. I said it. You probably knew that would be my position. Anyone who has delved into the various cases and arguments made on this site could probably even make… Read more ⇢
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How (Not Why) I Became a Counselor
Only in hindsight can one see the different events and factors that resulted in one finding his life’s work. That is certainly the case in my own story, but that… Read more ⇢
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“Licenses Prevent The Spread of False Beliefs”
In the interest of fairness, and because we enjoy the benefit of hindsight, I want to remember that this article in question from the AMA was written in the pre-COVID… Read more ⇢
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The Slow Creep of Language
The below is an excerpt from a presentation I presented in October 2025 at the Alliance for Therapeutic Choice annual conference. The states tell us we can only practice certain… Read more ⇢
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Video: The Game according to Edie Koenig
A reader sent me a video a few weeks ago of a woman referred to in the video as “Edie Koenig”. The purpose of posting this video is to illustrate… Read more ⇢
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“What about the states agreement to respect the laws of other states?”
This is a common response to bringing up the issue of unconstitutionality of licensing schemes and the discussion of providing counseling across state lines. I’ve talked to you about that,… Read more ⇢
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“I Decided To Quit Counseling and Be a Coach Instead”
“I Decided To Quit Counseling and Be a Coach Instead” This is a common statement among many colleagues seeking to escape the schizophrenic and ironically unethical regulations put forth by… Read more ⇢
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Licensing: The Bloated, Festering Solution Without a Problem
The other day, I spent a little time researching numbers on mental health professionals. There are 93,410 currently active Texas BHEC licensees. Do you now how many complaints were filed… Read more ⇢
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“The state has a right to regulate interstate commerce”
Did you ever notice that when you search for the Constitution of the United States, that it’ll bring you to all kinds of government websites, but the Constitution is almost… Read more ⇢
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“But I Could Lose My License For Imposing My Beliefs On My Client”
UPDATE: Since the original posting of this piece, the Supreme Court of the United States ruled in Chiles v. Salazar that even the speech of licensed counselors is protected under… Read more ⇢
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“The Public are in Danger If Counselors Don’t Have Licenses”
TL:DR In a content-neutral environment where anything goes, a license does nothing to stop harm. We’re in a time and place in the history of our country where the judicial… Read more ⇢
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A Licensed Counselor is An Agent of the State
Let’s say you’re a counselor without a license. You decide to keep notes because it is helpful in the therapeutic process to do so. Keeping a journal, diary, log, notes… Read more ⇢
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“But Counseling Doesn’t Fall Under Free Speech Because It’s Professional Speech, and the Government has a Right to Regulate Interstate Commerce.”
UPDATE: The Supreme Court’s recent ruling in Chiles v. Salazar ruled entirely against the “professional speech” deception. Post forthcoming. This is a common objection from many mental health practitioners, but… Read more ⇢
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The Threat and Coercion Game
They want you to submit to their jurisdiction. They threaten that if you don’t sign this agreement, that contract, get this license, or fill out this form or that form,… Read more ⇢
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“But, the Licensing Boards Provide a Valuable Service and Keep the Public Safe.”
This is a standard response I get from both counselors and non-counselors when I explain the license-free approach, but there are two aspects to examine in this statement. 1) Do… Read more ⇢
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The Administrative Law Trap
What many people are starting to understand is that maybe the government, local, state, and Federal, don’t seem particularly concerned with protecting the Constitutional life of the men and women,… Read more ⇢
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The UnConstitutionality of the No Surprises Act
If you’re a mental health practitioner, you have heard of the sweeping No Surprises Act. The original intent was to prevent hospitals and medical practitioners from continuing the time-honored tradition… Read more ⇢
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“But You Have to Win Against the State in Court Before You Can Practice Without a License”
“A person faced with such an unconstitutional licensing law may ignore it an engage with impunity in the exercise of the right of free expression for which the law purports… Read more ⇢
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“But it’s Illegal to Practice Without a License.”
TL;DR – “No state may take a secured right, turn it into a privilege, and issue a license and a fee to practice it.” -Carl Miller In the last post, I… Read more ⇢
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The Game
As Americans, we are born into a Constitutional law framework, based heavily on common law principles. When we grow up and become counselors, therapists, psychologists, clinical social workers, we apply… Read more ⇢
