State Threatens to Shut Down Nutrition Blogger

We read:

"The North Carolina Board of Dietetics/Nutrition is threatening to send a blogger to jail for recounting publicly his battle against diabetes and encouraging others to follow his lifestyle.

Chapter 90, Article 25 of the North Carolina General Statutes makes it a misdemeanor to “practice dietetics or nutrition” without a license. According to the law, “practicing” nutrition includes “assessing the nutritional needs of individuals and groups” and “providing nutrition counseling.”

Steve Cooksey has learned that the definition, at least in the eyes of the state board, is expansive.

When he was hospitalized with diabetes in February 2009, he decided to avoid the fate of his grandmother, who eventually died of the disease. He embraced the low-carb, high-protein Paleo diet, also known as the “caveman” or “hunter-gatherer” diet. The diet, he said, made him drug- and insulin-free within 30 days. By May of that year, he had lost 45 pounds and decided to start a blog about his success.

But this past January the state diatetics and nutrition board decided Cooksey’s blog — Diabetes-Warrior.net — violated state law. The nutritional advice Cooksey provides on the site amounts to “practicing nutrition,” the board’s director says, and in North Carolina that’s something you need a license to do.

Unless Cooksey completely rewrites his 3-year-old blog, he could be sued by the licensing board. If he loses the lawsuit and refuses to take down the blog, he could face up to 120 days in jail.

The board’s director says Cooksey has a First Amendment right to blog about his diet, but he can’t encourage others to adopt it unless the state has certified him as a dietitian or nutritionist.

It’s not necessarily against the law to give your sister or your friend nutritional advice, she said. And it’s not necessarily against the law to use a blog to tell people what they should eat.

Where it crosses the line, Burill said, is when a blogger “advertises himself as an expert” and “takes information from someone such that he’s performing some sort of assessment and then giving it back with some sort of plan or diet.”

Cooksey posts the following disclaimer at the bottom of every page on his website: “I am not a doctor, dietitian, nor nutritionist … in fact I have no medical training of any kind.”

In fact, he brags about his lack of formal training throughout his blog.  “It’s so simple,” he told CJ. “I cut carbs, I reduced my drugs and insulin until I didn’t need them at all. If I can figure that out, why in the hell can’t all these other people [in the medical field]?”

“Anyone can talk about anything they want,” Burill said. “That’s a First Amendment right, so to speak.”

For example, a person could write a blog advocating vegetarianism, she said.

Source

Sounds like a clear 1st Amendment violation.  He is just presenting his view and not claiming to be professionally qualified