The Fact Act and Free Speech
Overview of a Different Kind of Abortion Case
In November 13, 2017, the Supreme Court granted a petition to review National Institute of Family and Life Advocates (NIFLA) v. Becerra, a case that implicates several distinct and complex First Amendment doctrines. Specifically, the Court will consider whether a California law providing information that certain pregnancy centers must disseminate to clients violates the Free Speech Clause. The Ninth Circuit previously upheld the California law, deepening a circuit split that raises questions beyond the highly charged context of family planning and pregnancy-related services. Background NIFLA involves a challenge by an anti-abortion, nonprofit organization and two of its member pregnancy centers…