DO ANTI-CHOICE ACTIVISTS have a constitutional right to trick vulnerable women seeking an abortion into stumbling into a facility run for the purpose of talking them out of one?
And if so, does the state have any right to require the facility to provide the women with basic information about their reproductive rights?
The National Institute of Family and Life Advocates, a nonprofit representing anti-choice pregnancy centers, is challenging California’s requirement that all such centers inform patients that the state provides free or affordable access to contraception, prenatal care, and abortion.
The centers — often called “crisis pregnancy centers” in an effort to conflate them with abortion clinics — must also disclose whether they are medically licensed or have medical professionals available. The law, the
Reproductive FACT Act, was passed in 2015 after California’s legislature determined that roughly 200 crisis pregnancy centers across the state deployed “intentionally deceptive advertising and counseling practices [that] often confuse, misinform, and even intimidate women from making fully-informed, time-sensitive decisions about critical health care.”
NIFLA argues that California’s law violates its clients’ First Amendment right to free speech by forcing the centers to advertise abortion-related messages against their religious beliefs.
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Legal experts note that a win for the crisis pregnancy centers could, in the end, come back to bite them. In recent years, many states have passed laws requiring abortion clinics to provide patients with
misleading or medically inaccurate facts, such as telling women that abortions may hurt their mental health or increase their risk of breast cancer. A win for the plaintiffs could make it easier for abortion clinics to challenge these sorts of mandates.