Feature

Justices appear skeptical of California’s abortion speech law


 

A California law that requires anti-abortion crisis pregnancy centers to provide women with information on abortion services was met with skepticism by U.S. Supreme Court justices during March 20 oral arguments.

A number of justices, including some considered more liberal-leaning, raised questions about whether the statute discriminates against crisis pregnancy centers and whether it violates free speech rights.

The case revolves around California’s 2016 Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act, which requires that pregnancy centers – many of which are anti-abortion – post notices about where patients can find free or low-cost abortion services. Another part of the law requires unlicensed pregnancy centers to disclose to women that they are not a licensed medical facility and have no medical professionals on staff.

The plaintiffs, led by the nonprofit National Institute of Family and Life Advocates (NIFLA), argue that the law violates the First Amendment by requiring speech and because the measure unfairly targets centers that discourage abortions. California officials contend that the law was needed to address concerns that nonprofit organizations, often religious, were misrepresenting themselves as full-service reproductive health clinics and misleading women about their options.

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