Whether a New York law requiring speakers to obtain a license before offering talk therapy pertaining to 'disabilit[ies], problem[s], or disorder[s] of behavior, character, development, emotion, personality or relationships' is content-based

question presented is whether a New York law requiring speakers to obtain a license before offering talk therapy pertaining to “disabilit[ies], problem[s], or disorder[s] of behavior, character, development, emotion, personality or relationships,” N.Y. Educ. Law § 8402(1), is content-based. This Court has repeatedly held that under First Amendment intermediate scrutiny, the government has the burden to “demonstrate that the harms it recites are real and that its restriction will in fact alleviate them to a material degree.” Greater New Orleans Broad. Ass’n, Inc. v. United States, 527 U.S. 173, 188 (1999). The Second, Fourth, and Seventh Circuits have held, however, that the government can prevail at the motion to dismiss stage by relying on ii reasonable speculation or legislative history. The Third and Sixth Circuits have held that the government has an evidentiary burden that it cannot carry on a motion to dismiss. 2. The second question presented is whether the government can defeat a First Amendment challenge to a licensing scheme for talk therapists at the motion-to-dismiss stage by relying on legislative history and “reasonable” speculation that contradicts the allegations in the complaint.