California law requires the Medical Board of California to take action — up to and including license revocation — against any licensed physician charged with unprofessional conduct. But under the First Amendment, content-based speech regulation by government entities is presumptively unconstitutional and may be justified only if the government proves that it is narrowly tailored to serve compelling state interests.

A 2018 Supreme Court case, National Institute of Family and Life Advocates v. Becerra, held that professional speech — speech by licensed practitioners based on their expert knowledge and judgment — is protected by the First Amendment.