Should Pro-Life Clinics Have to Post Information About Abortion?
Abortion is back in the Supreme Court this week. On Tuesday, the justices will hear a case on crisis pregnancy centers, the facilities established by pro-life organizations around the country to counsel women against abortion. In 2015, California passed the Reproductive FACT Act, requiring licensed clinics that provide certain services—including ultrasounds, pregnancy tests, and advice on birth control—to post information about affordable abortion and contraception services offered by the state. Unlicensed facilities that provide these services have to disclose their lack of medical certification. A network of crisis pregnancy centers, including the National Institute of Family and Life Advocates (NIFLA), sued in response, arguing that the government is violating their right to free speech by forcing them to promote abortion.
On a technical level, is about the kind of speech the government is allowed to regulate. States can’t force citizens into making statements in support of a specific political position or candidate; compelling speech in that manner would violate the First Amendment. But states can regulate other kinds of speech, such as making sure doctors disclose important information before operating on a patient. Crisis pregnancy centers, known as
