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Los Angeles Times
Los Angeles Times
National
Maura Dolan

California Supreme Court allows therapists to challenge law on child porn reporting

SAN FRANCISCO _ A divided California Supreme Court on Thursday revived a legal challenge against a state law that requires psychotherapists to report patients who reveal they have looked at child pornography.

In 4-3 decision, the state's highest court overturned rulings that threw out a lawsuit brought by therapists who treat sexual compulsions, addictions and disorders.

The therapists challenged a 2014 amendment to a state law requiring them to report to police the names of any patients who admit having downloaded images depicting minors in obscene ways.

The court majority _ the four justices appointed by former Gov. Jerry Brown _ said the lawsuit may go to trial because the therapists asserted a recognized privacy interest under the California Constitution.

"Our holding does not mean the reporting requirement is unconstitutional," Justice Goodwin Liu wrote for the majority. "It means only that the burden shifts to the state to demonstrate a sufficient justification for the incursion on privacy as this case moves forward."

The three Republican appointees on the court dissented, saying the 2014 amendment was a mere technical update.

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