5th Circ. Revives Veterinarian's Telehealth Free Speech Claim

Law360 (December 3, 2020, 8:42 PM EST) -- The Fifth Circuit revived a Texas veterinarian's free speech challenge to a state requirement that vets can't offer pet owners advice without first inspecting the animal in person, saying U.S. Supreme Court precedent requires the lower court to take another look.

In a majority Wednesday ruling, a panel reversed in part a lower court decision tossing Ronald Hines' suit claiming he has the right to offer telemedicine veterinary advice without examining an animal physically first. Specifically, the appellate court remanded the case back to the lower court to reexamine his First Amendment claim that the Lone Star State's physical examination requirement...

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