#SCOTUS Stops CA Abortion Advertising Law [VIDEO]

#SCOTUS Stops CA Abortion Advertising Law [VIDEO]

#SCOTUS Stops CA Abortion Advertising Law [VIDEO]

While the Supreme Court’s decision on the “travel ban” is getting most of the literal and virtual ink today, the Court also struck down the California law that required pro-life and crisis pregnancy centers to advertise where women could get abortions, as a probable violation of the First Amendment.

It was a split decision, with Justice Kennedy siding with the court conservatives.

In a 5-4 ruling, the court said that the notices for licensed facilities likely violates the First Amendment and notices for unlicensed facilities unduly burdens protected speech.

The decision was a win for the clinics, known as “crisis pregnancy centers,” which had argued the requirements under the state’s Reproductive Freedom, Accountability, Comprehensive Care and Transparency Act, or FACT Act, infringed on their speech rights, forcing them to promote a procedure they morally oppose.

“No one should be forced by the government to express a message that violates their convictions, especially on deeply divisive subjects such as abortion,” said Alliance Defending Freedom President, CEO, and General Counsel Michael Farris, who argued on behalf of the National Institute of Family and Life Advocates before the Supreme Court in March.

“In this case, the government used its power to force pro-life pregnancy centers to provide free advertising for abortion. The Supreme Court said that the government can’t do that, and that it must respect pro-life beliefs.”

The law was constructed to continually fine the crisis pregnancy centers if they were found to be not in compliance.


Kennedy had signaled during oral arguments that he wasn’t buying the argument, but what is more striking is that even though the liberal justices clearly had issues with the free speech elements of the law, they just couldn’t bring themselves to rule against abortion.


Naturally, Planned Parenthood is crying on Twitter.


The entire decision can be read here, but it’s clearly a win for pro-life groups, and yet another slam on California, their current Attorney General Xavier Becerra, and the Ninth Circuit.

And a win for free, uncompelled-by-the-state speech.

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1 Comment
  • GWB says:

    No one should be forced by the government to express a message that violates their convictions, especially on deeply divisive subjects such as abortion
    Careful. Because the way that is said, it applies to anyone being forced to say anything, without reference to the truth or factualness thereof. You know, like the abortion clinics being forced to provide information on the medical consequences of abortion.

    we will never stop fighting for everyone’s right to have medically accurate information about all of their options
    You mean… like you won’t fight back against requirements to provide information about what happens in an abortion, and that the procedure kills a living human being? Riiiiiight.

    cutting off access to care
    I don’t think the word “care” is properly used here.

    The difficulty with this CA law is it was designed to mimic successful laws saying abortion clinics had to post/give information about the results to the woman of killing their child (physio- and psychological). Some of those laws initially required them to post “alternatives” – that was likely a step too far.
    But, the abortion wars will not be solved with this sort of thing. They will only be solved when compassion overrides the seductive ease of “getting rid of the problem”.

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