Paleo Diet Blogger Suing State for Free Speech Rights, Hopes Case Reaches Supreme Court
- Posted on August 7, 2012 at 6:12pm by
Liz Klimas
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In April, TheBlaze reported about a blogger who was being told the tips he was giving about the paleo diet violated state law. It was a topic he was writing on due to his own success at using it to manage diabetes naturally.
The North Carolina Board of Dietetics/Nutrition (NCBDN) is now being sued with a case citing the protection of free speech. Others are also calling out the national body governing the state board, which issued the DiabetesWarrior.net blogger 19 pages of notes marking violations in January, as creating a monopoly that would give only licensed dietitians the right to provide nutrition advice.
The Institute of Justice filed a lawsuit for Steve Cooksey against the state board in May after Cooksey was told he could not give the type of advice he issuing on his blog Diabetes Warrior without a license. Watch the Institute of Justice‘s animate clip on Cooksey’s case:
NCBDN states, according to its definition of nutritional care, Cooksey was at the time violating the law with the advice he was providing without a license. The board never made a decision to take legal action to require Cooksey to have a license.
Steve Cooksey (Photo courtesy Nanine Hartzenbusch Photography via Institue for Justice)
In response to Cooksey saying he felt he was being censored by the NCBDN, the organization issued a statement saying:
Of his own volition, upon being informed of the complaint against him, Mr. Cooksey made changes to his site, including, making his disclaimer that he is not a licensed dietitian/nutritionist more prominent and taking down his diabetes support packages. Later, Mr. Cooksey was sent a document detailing some of the Board’s concerns regarding his past interactions with some of his followers, however, this document was sent attached to an email that stated, “[g]iven our discussion, I believe our comments should make sense, however, should you disagree, I am happy to discuss.” Mr. Cooksey never contacted the NCBDN to discuss these comments. The NCBDN never ordered Mr. Cooksey to make any changes to his website.
With regard to whether Cooksey needs a license in the first place, the statement reads a license is needed within the state if nutritional care is being given, which includes the following activities:
• Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting.
• Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints.
• Providing nutrition counseling in health and disease.
• Developing, implementing, and managing nutrition care systems.
The board later closed it complaint against Cooksey because it decided he was making strides comply with the law.
More recently, the New York Times featured Cooksey’s story and the board declined to comment on the case at this time. Cooksey on the other hand is speaking, noting his blog’s traffic has “gone through the roof” due to the case and saying he hopes to lose in the first round in order to bring the issue to the Supreme Court.
Jeff Rowes, one of Cooksey’s lawyers from the Institute for Justice, said he understands the need for licensing those in settings where people surrender their own judgement to an expert, but sees a blog as not this setting.
“People are allowed to give other people advice,” he said.
Although the board never took any true legal action against Cooksey and it may not have forced him to change content on his site, Michael Ellsberg, writing as a contributor for Forbes (via Reason) last month, reported that leaked documents from the Academy of Nutrition and Dietetics, which created state boards like NCBDN, may provide an “important twist on this developing free speech story.” Here are two choice topics from the documents that Ellsberg calls out:
- Openly discusses creating and using state boards of dietetics/nutrition (including in NC and in every other state in the union) for the express purpose of limiting market competition for its Registered Dietitian members.
- Openly discusses a nation-wide plan of surveying and reporting private citizens, and particularly all competitors on the market for nutrition counseling, for “harming the public” by providing nutrition information/advice/counseling without a license—through exactly the same means by which Cooksey was reported to the NC Board. Again, for the explicit purpose of limiting marketplace competition.
Baylen Linnekin with the nonprofit Keep Food Legal writes on Reason that this “just one example of a larger trend.“ That trend being ”the many often-terrible ways government has skewed Americans’ dietary choices,” which he will be speaking about on a panel this month.
Cooksey’s date in court is not yet set but he is back to blogging again. Last week, he posted his first article on the blog since May, not getting into the investigation itself but reflecting on where he has come since discovering “primal living.“ Before adopting a ”paleo lifestyle,” Cooksey was overweight with Type 2 diabetes and on insulin. Taking control of his exercise and diet plan, Cooksey now is a healthy weight and no longer takes insulin, maintaining a healthy blood sugar level naturally.
This story has been updated to correct the spelling of Steve Cooksey’s name.
(H/T: NPR)
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Comments (51)
Steve28
Posted on August 8, 2012 at 9:14amYou are messing with a system set up to promote the consumption of dairy, meat and processed foods by a handful of major corporations. They are protecting their turf. Reading Eat to Live by Dr. Joel Fuhrman. It sounds like his advice is close to this except they talk about eating meat maybe twice a week and this includes fish. They preach eating one pound of raw greens, a pound of cooked greens, one cup of beans, an an ounce of nuts and seeds along with a minimum of 4 servings of fruit. You surely do not get hungry, but it is a big change from eating meat, bread, chesse and the like at every meal.This is a great book for daibetics or those try to get off cholesterol and blood pressure meds and lose weight.
Report Post »bane73
Posted on August 8, 2012 at 10:12am@Steve28: I’m a paleo, my dad is a nutritarian (Fuhrman), except he won‘t talk rationally with me so I can’t get a simple answer to a simple “?”. Maybe you can help me understand something?
As you may (or may not know), paleos advise eating little to no product of the agricultural revolution… so, both grains and legumes are pretty well off-limits; this due to the reason that these products cause a range of problems when consumed in large amounts and whose nutrients are not highly bio-available. Also, in order to control blood sugars, they advise moderate intake of fruit and starches; if you are trying to lose weight (like I am), they advise even less intake of fruit/starch.
So, my question is this: as a diabetic type of nutritarian the main difference between you and paleos is the consumption of beans vs. meat. But beans (in large amounts) can be demonstrated to be unhealthy (to the contrary, meat can be demonstrated to be healthy; it’s more about the type of meat, processing methods, and other things people typically eat with meat that makes meat seem “unhealthy”; but let’s assume for a minute that meat is equally unhealthy as beans). So, both meat and beans are out. Here’s my question: where do we then get the bulk of our daily calories from?
I can’t get him to answer this question, he asserts that the rest of the nutritarian diet will provide your calories, but won’t give me an ideal daily menu. Any help here?
Report Post »deeberj
Posted on August 8, 2012 at 3:41pmPaleos eat meat. You misunderstand.
Report Post »DangerMike
Posted on August 8, 2012 at 8:35amThe subject matter of this article is very important and I wish Steve Cooksey all the best, but for the love of God, who the heck wrote this article!? Don’t you guys proofread? There are so many grammar and sentence construction fails here, its embarrassing!
Report Post »lordjosh
Posted on August 8, 2012 at 9:11amLmao. The stories are great. The production is awful. Along with the complete abandonment of proof reading, the comment section is the most un-user friendly I’ve ever come across. Second rate.
Now to the story. Questions. Can the government license unlawful activity? Can the government give me a licence to do something that is otherwise unlawful? Is it wise to depend on the government to filter out bad information for us? Do we get what we ask for? Do we subjugate OUR responsibility to ourselves for nannyism? Do we get what we deserve?
Report Post »cosmic dogma
Posted on August 7, 2012 at 11:53pmWe have unlimited ability to technologically assemble information, And limited ability to allow freedom and common sense to dictate policy.
Report Post »netmail
Posted on August 8, 2012 at 11:44amThat’s for sure. And in our culture, you need a license to totally destroy people’s lives and health. If people would Google Dr Mercola and generally follow his advice, they’d probably be doing the best for themselves that they can in our culture today. He has an extensive library of health related articles you can avail yourself of for free as well. What people need to understand today is that we are completely on our own now….IMO, 100%. I only believe in those with a past that I can track.
Report Post »Wool-Free Vision
Posted on August 7, 2012 at 11:35pmMy head hurts from reading this article. In one paragraph he is Cooksey, in the next he is Cooskey, then he’s Cooksey again, then Cooskey twice, then Cooksey. And what the heck is a “Legan?” Does no one proofread before posting? Is it dyslexia, or is it carelessness followed by apathy?
Report Post »MrObvious
Posted on August 8, 2012 at 2:03amI’m apathetic about the story, yawn.
Report Post »O ya, hope he wins; as, case seems open n shut; and, d be a wast of $ if went to scotus.
yooperjo
Posted on August 7, 2012 at 10:31pmLook around you. The obesity epidemic in this country can be attributed in large part to the “great” advice the government has given the American people since the ‘70’s. They told us to eat low-fat, low cholesterol, and high carb. WRONG! The paleo diet and the very low carb diet are best at maintaining low triglyceride and low cholesterol levels, plus keeping HDL high. Lay off sugar people, eat meat!
Report Post »Magicsmom
Posted on August 8, 2012 at 1:04amRight you are!
Report Post »loriann12
Posted on August 8, 2012 at 7:08amThe “great” advice from our government is not out of he kindness of their hearts and the willingness to creat healthy Americans. That’s why it changes. It’s from whoever lobbies the government the best and thus gets a kick back. I’ve recently discovered that there is a cure for cancer, through the lowly Apricot kernel, or B17 (Laetrile). But that would ruin so many doctors and pharmaceutical companies if they put that information out, because you can’t patent a vitamin/supplement….unless of course you an genetically modify it until it’s “YOUR” creation, and then patent it.
Report Post »hidden_lion
Posted on August 8, 2012 at 7:57amThat is why they are pushing the unscientific BMI nonsense through Obamacare. If I became the weight BMI suggests I would be a skeleton with skin. I would not be able to have any usable muscle. The goal is to make Americans weak an pathetic. Get back to an active lifestyle and eat sensibly and you will not be fat or weak. It is not that hard to figure out. So easy, even a caveman can do it.
Report Post »KristinsMishmash
Posted on August 8, 2012 at 8:31amRight you are and that spike in obesity, diabetes and heart disease also coincides with USDA’s push for more and more corn which is processed and put into nearly everything the average American eats. We need to take charge of our own nutrition because the food pyramid garbage the government pushes is not healthy.
Report Post »BlackCrow
Posted on August 7, 2012 at 10:02pmWelcome to the brave new world. Life under Communist rule.
Report Post »Karron
Posted on August 7, 2012 at 9:59pmSo, does this mean Weight Watcher, Nutrasystem, and all the other folks who place ads on TV about diet etc, and have informercials are not allowed to do so in North Carolina? What about folks like the people at health food stores, and spas? Oh, I know, it should also be illegal for super markets and fruit and veg places to advertise that their produce is good for you, and make the stop with the recipe sites on line already, because folks recommend the recipes. Cooking shows have to go too, they offer advice, and tips on healthy eating, obviously they aren’t meeting the North Carolina food Nazi laws either. Tsk tsk tsk . . .
Report Post »listeninginVT
Posted on August 7, 2012 at 11:10pmthey won’t go after the fad diet trends, all those foods are chemical soups. The paleo diet is about organic, raw and non processed. The gov’t wants us processed, medicated, pasteurized and under their control. They do not want us thinking for ourselves, growing our own food, making our own choices.
Report Post »hidden_lion
Posted on August 8, 2012 at 8:04amThose organizations are run by “licensed” dieticians.
Report Post »dschn3
Posted on August 7, 2012 at 9:44pmI’ve lost 60 lbs on the Paleo diet. The only problems I‘ve had is that my eyebrows are growing and I’ve developed an adverse reaction to that Geico Gekko.
Report Post »piper60
Posted on August 7, 2012 at 9:30pmI really hope he wins his case. This is along the same lines as the government shutting down lemonade stands.
Report Post »Mr.Fitnah
Posted on August 7, 2012 at 9:18pmOutstanding slash their budget to nill and put them to work cleaning the beaches.
Report Post »Walkabout
Posted on August 7, 2012 at 9:15pmThe nutrionists had to threaten him with breaking the law. The more people that successfully engage in self help it puts them out of business,
Report Post »SammyStutsfruckle
Posted on August 7, 2012 at 8:44pmYes, God forbid we actually try to heal naturally that doesn‘t feed the Govt’s coffers. I hope he wins the case but in today’s times I doubt it. Corruption from the top down.
Report Post »Chet Hempstead
Posted on August 7, 2012 at 8:21pmI don’t think he has a case. The NCBDN is a private professional organization, not a government agency. They license nutritionists, but they didn’t write the law that says you need a license, and they themselves don’t have the power to fine or censor this guy. All they did was advise him that they thought he was breaking the law. How can he logically argue that the First Amendment gives him the right to give medical advice, but doesn’t give other people the right to give him legal advice?
Report Post »Jimmielynn
Posted on August 7, 2012 at 8:19pmThe government has deemed the food pyramid the diet that everyone should follow and it is all based on benefitting the agriculture department. The food pyramid and the diet recommended by the “government” is toxic. More and more people are moving toward the paleo lifestyle and it is adversly affecting their business. The paleo diet consists of fruit, vegetables, meat, nuts, and seeds. No grains, legumes, dairy, or sugar. So all that bread and whole grain garbage they tell you to eat…spikes your insulin, causes weight gain, and ultimately diabetes. Good for this guy for changing his lifestyle and not following the government recommendations like all of the other blind followers out there.
Report Post »deltaecho
Posted on August 7, 2012 at 8:04pmWith the exception of military service I have managed somehow to live my life mostly without any instruction or examination from the government.
Report Post »Thank the FSM that my kids and grandkids won’t have to be as deprived of government direction as I was and will not have to face the unlimited choices with which I was burdened.
NotPoliticallyCorrect
Posted on August 7, 2012 at 8:00pmHello Big Brother, in case you haven’t noticed ROME IS BURNING. Go find something useful to do with our money we pay you. What a complete and total waste of resources.
Report Post »JimFromOK
Posted on August 7, 2012 at 7:52pmWhat about the schools? Are they going to hire licensed dieticians to teach health classes? Will they be sending in a SWAT team if a school employee suggests that a student drink their milk? Or do they get a pass because they are government employees?
Report Post »www.TopTheNews.com
Posted on August 7, 2012 at 7:29pmThank God my website isn’t health recommendations!
Report Post »Rothbardian_in_the_Cleve
Posted on August 7, 2012 at 7:22pmThey guy shoulda left his website up in defiance. Then when the cops came and kicked in his door everyone on the board could have cheered for the cops and praise the “thin blue line” of safety.
Report Post »Small World
Posted on August 7, 2012 at 7:02pmthis guy should let us know if he need donations to fight the good fight.
Report Post »Wartface
Posted on August 7, 2012 at 7:01pmWhen you fear the Goverment… You have tyranny!
Report Post »Melvin Spittle
Posted on August 7, 2012 at 7:15pmAre you a licensed therapist? It is irresponsible to make statements that people with government related phobias are associated in any way to tyranny. Has your conclusion been peer-reviewed in a professional journal? Cease and desist or you will be fined.
Report Post »chips1
Posted on August 7, 2012 at 6:53pmMy mommy makes me eat my vegetables because she says it’s healthy. She doesn‘t have a license and I’m going to sue. Who does she think she is?
Report Post »HorseCrazy
Posted on August 7, 2012 at 6:31pmGo for this guy! God bless you buddy keep up the fight!!! I too give testimony via a blog about my disease as a support for others going through the same battle. Thankful I haven’t incurred the same wrath of the government that he has but sir we have your back fight fight fight the battle!!!
Report Post »usmc1063
Posted on August 7, 2012 at 6:30pmMy goodness don’t you all know that all liberals are highly educated and know everything you need to know about everthing? Just another show of power if you make enought laws everyone is a criminal and subject to prosecution.
Report Post »MrButcher
Posted on August 7, 2012 at 6:16pmLet’s just start eating bureaucrats and liberals.
Report Post »MODEL82A1
Posted on August 7, 2012 at 6:32pmWhen a culture gets so frivolous that people in it begin to seek out ways to eat as they did in the ancient past, by choice, that culture is probably not long for this world.
Report Post »Flannery
Posted on August 7, 2012 at 6:36pmCan‘t eat ’em. The aftertaste is unmanagable.
Report Post »Galts_Gulch
Posted on August 7, 2012 at 6:40pmNah.
Report Post »The diet limits fruits and nuts.
john law
Posted on August 7, 2012 at 7:11pmNo way !! I only eat good food that taste good, because it has flavorful fat in it. Butter is good, so is lard. Olive oil is way up there also. Some other oils are ok, some are not.
I will decide what I eat, not the government.
Report Post »Rothbardian_in_the_Cleve
Posted on August 7, 2012 at 7:21pmWhat’s wrong with eating like they did in the past?
We shouldn’t raise food like they did in the past…sure, we’d all starve. But making a choice to not eat Ho-Ho’s and Yellow Dye #5 is hardly a sign of the apocalypse.
Report Post »David, the Constitutional Libertarian
Posted on August 7, 2012 at 7:25pmI am not a vegetarian, I eat more than fruits and nuts.
Report Post »termase
Posted on August 7, 2012 at 8:13pmNaa, that is the cause of Obesity and type 2 diabetes if you eat all that nasty shyt.
Report Post »XaviorOnassis
Posted on August 7, 2012 at 8:13pmThey will single him out for giving nutritional advice about eating fruits and vegetgables, but if he were to sell nutritional supplements at 50.00/bottle that would be ok.
We need government to examine its priorities a bit more closely.
Aside from that, paleo eating is healthful. It is about eating good sources of animal protein (chicken, grass-fed beef or bison, fish, wild game, egg…) along with fruits and vegetables and nuts (cutting out grains, sugars and most dairy and things such as soy). It is very natural and wholesome and about as non-threatening as a white bunny on a snowbank.
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