A panel of judges on the U.S. Court of Appeals for the Second Circuit is weighing the constitutionality of New York’s requirement that mental health professionals obtain licensure before offering their services to residents of the state after a Virginia-licensed counselor argued that the law violated her First Amendment rights.

Jeff Redfern of the Institute for Justice, a nonprofit, libertarian-oriented law firm representing Virginia-licensed counselor Elizabeth Brokamp, argued that New York’s licensing requirements, even the “streamlined” endorsement process for professionals licensed in other states, present a chilling effect on speech.