SCOTUS Will Hear California Forced Abortion Speech Law

Nov 13, 2017

Today, the Supreme Court has agreed to review the California Reproductive FACT Act, which compels pro-life crisis pregnancy centers to post notices regarding the availability of free and low-cost abortions in their physical clinics, printed material and online. The Court agreed to hear National Institute of Family and Life Advocates (NIFLA) v. Becerra, one of four cases brought by crisis pregnancy centers challenging the law as a violation of the First Amendment guarantees of free speech and free exercise of religion. 

Liberty Counsel's case, Mountain Right to Life v. Becerra, and the other two cases, will be held at the Court until it resolves the NIFLA case, likely in spring 2018. The ruling on the NIFLA case will apply to the other three cases. The NIFLA case, the first of the four cases to reach the Supreme Court, is represented by Alliance Defending Freedom. The other three cases are represented by the Pacific Justice Institute, American Center for Law and Justice and Liberty Counsel.

The Court agreed to review the NIFLA case on the limited question of “whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the Free Speech Clause of the First Amendment, applicable to the States through the Fourteenth Amendment.” Liberty Counsel will file an amicus brief on behalf of its clients in support of the NIFLA plaintiffs.


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