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compelled speech

SCOTUS Speech Ruling ‘A Great Victory for All Americans’

June 26, 2018 by GregC

http://dateline.radioamerica.org/podcast/6-26-graves-blog.mp3

The U.S. Supreme Court ruled in favor of a pro-life crisis pregnancy center, shooting down part of a California law that had required such centers to inform patients about abortion services, a mandate the court rejected as compelled speech.

It was a 5-4 decision, with the court’s four liberals opposed..

In the case of National Institute of Family and Life Advocates v. Becerra, Justice Clarence Thomas pointed out the state was requiring the clinics to deliver a message they explicitly oppose.

In a concurring opinion, Justice Anthony Kennedy saw the case as a clear issue of free speech, calling it a “a paradigmatic example of the serious threat presented when government seeks to impose its own message in the place of individual speech, thought and expression.”

The plaintiff was represented by Alliance Defending Freedom.  ADF Legal Counsel Elissa Graves says the court got this one spot on.

“Today was a great victory for all Americans.  The Supreme Court affirmed today that the government cannot force you to speak a message that conflict with your very reason for existing.

“The State of California here used it’s power to try to force pro-life pregnancy centers – and only pro-life pregnancy centers – to promote abortion.  The Supreme Court today said that they can’t do that consistent with the first amendment,” said Graves.

Graves elaborated on how California’s FACT Act singled out pro-life pregnancy centers on this issue.

“The law was gerrymandered in such a way as to only apply to pro-life centers.  It exempted centers that provided certain services, which included things like birth control and abortafacient contraceptives, things that pro-life pregnancy centers do not wish to provide, because it promoted abortion.  They drafted it in this way, so it only applied to a pro-life viewpoint,” said Graves.

Justices Stephen Breyer and Sonia Sotomayor wrote dissenting opinions.  In reading a summary of the disagreement with the majority opinion, Breyer said the pro-life centers were actually getting special treatment.

“If a state can lawfully require a doctor to tell a woman seeking an abortion about adoption services … why should it not be able to require a medical counselor to tell a woman seeking prenatal care about childbirth and abortion services?” stated Breyer.

Graves says the liberals on the court are comparing apples and oranges.  She says Breyer was describing what’s known as informed consent, which patients sign off on prior to a specific procedure, and that is different than what California was requiring from pro-life clinics.

“As Justice Thomas noted in the opinion here, this disclaimer (informing about abortion services) is before any sort of procedure is contemplated.  It has to be presented to everyone as soon as they walk in the door.

“It’s not in any way connected to medical services, and that’s the difference.  This is not an informed consent provision but a compelled speech provision,” said Graves.

It’s the second major win at the Supreme Court this month for Alliance Defending Freedom.  It also represented Jack Phillips and Masterpiece Cakeshop against the State of Colorado after courts in that state ruled Phillips did not have the right to refuse custom decoration of a cake for a same-sex wedding.

In that case, the high court ruled 7-2 in favor of Phillips, but limited the scope of the decision to his mistreatment by the Colorado Civil Rights Commission as opposed to a broader ruling about freedom of conscience or free religious expression.

Nonetheless, Graves says the court delivered a vital, consistent message in these decisions.

“Both ‘Masterpiece’ and today in NIFLA, the court has consistently held that the government cannot express a hostility towards expressions of faith, that this is unconstitutional.  That’s exactly what ‘Masterpiece’ said with Jack’s treatment by the Colorado Civil Right Commission and that’s what they said today with the way the State of California treated pro-life Christian pregnancy centers,” said Graves.

The Supreme Court is sending another high profile case back to a lower court for reconsideration.  The justices declined to hear the appeal of Washington florist Baronelle Stutzman, who was sued and punished by the state for refusing to provide floral arrangements for longtime customers for their same-sex ceremony.  However, they did order the Washington Supreme Court to look at the case again in light of the “Masterpiece” decision.

“They will have to use that clear ruling in ‘Masterpiece’ that you cannot have this hostility toward religion in evaluating her case,” said Graves.

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Filed Under: News & Politics, Podcasts Tagged With: abortion, Clarence Thomas, compelled speech, Free Speech, news, Stephen Breyer, Supreme Court

SCOTUS Sides with Travel Ban & Pro-Life Clinics, Dems Condemn Waters

June 26, 2018 by GregC

Listen to “SCOTUS Sides with Travel Ban & Pro-Life Clinics, Dems Condemn Waters” on Spreaker.

Jim Geraghty of National Review and Greg Corombus of Radio America celebrate the Supreme Court upholding the Constitution in two separate cases. They agree with the court’s conclusion that President Trump’s travel ban is within his constitutional and statutory right. They are also glad to see the Court side with free speech in striking down a California law that required crisis pregnancy centers to advertise abortion services. They are also pleasantly surprised that Democratic leaders are condemning Maxine Waters’ calls for the harassment of Trump administration officials.

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Filed Under: News and Politics, Podcasts Tagged With: abortion, cabinet officials, Chuck Schumer, compelled speech, crisis pregnancy center, democrats, Donald Trump, Free Speech, Hawaii, Maxine Waters, Nancy Pelosi, National Review, protests, Radio America, SCOTUS, Supreme Court, Travel Ban

Supremes Take on Free Speech and Abortion

March 20, 2018 by GregC

http://dateline.radioamerica.org/podcast/3-20-harle-blog.mp3

The Supreme Court heard arguments Tuesday over a California law requiring pro-life crisis pregnancy centers to post information about how to obtain abortions, a requirement that the pro-life movement considers a direct infringement on free speech.

However, the pro-life side is also optimistic that the court will rule in its favor.

The legal battle is over a 2015 California law known as the FACT Act, which forces openly pro-life centers to prominently display information on how to get an abortion.

The sign reads: “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care and abortion for eligible women.”  It also provides contact information to learn more about abortions.

“This case really isn’t about abortion or Roe v. Wade.  It’s about free speech.  It’s a basic question about whether the government can compel private speakers to speak a message that they disagree with or, frankly, they just don’t want to say for any reason,” said Denise Harle, a legal counsel for Alliance Defending Freedom, which is representing the plaintiff in the case, known as National Institute of Family Life Advocates vs. Becerra

“American’s can’t be forced by the government to promote messages that conflict with their beliefs.  The first amendment guarantees that free speech means that Americans cannot be compelled to speak or forbidden to speak,” said Harle.  “California has enacted a law forcing pro-life speakers to advertise for the abortion industry.”

Harle offered more details on what message the signs convey.

“The sign has to be in 48-point font in the waiting room.  It actually gives a number to call,” she said.  “The law says it has to be clear and conspicuous placement in multiple languages that tells them where to get a free or low-cost abortion.

“If they call that number, they will actually be referred to Planned Parenthood or another abortion clinic,” added Harle.

The FACT Act also makes advertising difficult for the pro-life facilities.

“The law also requires for certain centers to put in every single one of their advertisements this 29-word disclaimer in multiple languages and it makes it completely impossible for them to do internet advertising, newspaper ads, billboards,” said Harle.

In addition, Harle says the law applies only to explicitly pro-life pregnancy centers.

“It only applies to pro-life speakers, which I think is so concerning about this law.  It exempts all other doctors.  It exempts out all for-profit health care providers.  And it exempts out the non-profit general community clinics if they aren’t primarily pregnancy focused,” said Harle.

Legally speaking, Harle says the law places a tremendous burden on the clinics.

“It interrupts the pro-life center’s message to women.  Not only is it confusing, but it’s a severe burden on the consciences of these centers that exist solely to defend life because they believe life is precious and encourage childbirth.  For the government to force them to promote abortion is just completely wrong,” said Harle.

Harle says working on this case has been a joy because of the pro-life convictions of the directors and volunteers at the centers.  But she says they are wrestling with conscience issues over this law.

“This law just adds layer upon layer of burden.  So not only are the clinic workers having their consciences burdened, they have a really serious decision about whether to work in a place that post signs promoting free abortion,” said Harle.

“Can you imagine having your whole existence being based on pro-life views and yet having to be a billboard for free and low-cost abortions,” she added.

It could also dry up resources for such centers.

“Donors are burdened with a conflict.  What am I doing now if I’m supporting these centers but they’re having to advertise for abortion.  Is this something I can continue to support?” said Harle.

At the Supreme Court Tuesday, the four liberal justices seemed to argue that pro-life centers ought to be required to inform patients of other options since that is the rule for abortion clinics as well.

The remaining justices seemed sympathetic to the argument that these signs conflict with the first amendment, with Justice Anthony Kennedy accusing the law of “mandating speech.”

Harle believes the oral arguments bode well for her clients.

“We’re very hopeful that we have several justices who agree that that’s a basic first amendment violation,” she said.

If the court sides with California, Harle says the consequences would be chilling.

“There almost seems to be no limit  to what a government could do if it doesn’t like a certain viewpoint.  If they don’t like a certain advocacy group or ideology and it’s going to impose these burdensome on them, that is going to silence and suppress free speech.

“Anyone on any side of any issue should be really concerned about a government that has that much power,” said Harle.

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Filed Under: News & Politics, Podcasts Tagged With: abortion, compelled speech, Free Speech, news, pregnancy centers, pro-life

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