Another “Abortion Counseling” Law Knocked Back

It seems to be an equal opportunity area, the fight to control speech around abortion. Blue states want to force churchy “crisis pregnancy centers” to inform people about its availability, while red states want to force doctors to scare patients away from it.

Thankfully, at least the courts are still thinking about the First Amendment.

Last year, we saw the beatdown of California’s mandatory pregnancy center notification requirement in NIFLA v. Becerra (a case that noted the First Amendment right of the centers to not have to carry the state’s message, but which is also notable for FINALLY opening the door for SCOTUS to flesh out a “professional speech” doctrine).

And today, we’ve got a federal district court in North Dakota blocking a law that would have forced doctors to advise patients about, well, all sorts of nonsense in a transparent attempt to make them fear ending their pregnancies.

Other states have similar laws; expect them to see similar fates.

It’s ironic that the strongest precedent for striking these laws is a Supreme Court case nixing a law where the shoe was solidly on the other foot. But far from surprising — too many policymakers are only opposed to speech restrictions when they’re imposed on the other team.

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