Facing the FACT Act: Abortion and Free Speech (Part I)

On 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. Part I of this two-part Sidebar provides an overview of the challenged law, followed by an analysis of how the Supreme Court might categorize the speech at issue. Part II discusses the potential implications of any Supreme Court decision in NIFLA for First Amendment jurisprudence and legislatures seeking to regulate in this area. Background. NIFLA involves a challenge by an anti-abortion, nonprofit organization