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- Title
Abortion Disclosure Laws and the First Amendment: The Broader Public Health Implications of the Supreme Court's Becerra Decision.
- Authors
Pomeranz, Jennifer L.
- Abstract
In 2018, the US Supreme Court analyzed a California state requirement that clinics serving pregnant women must provide government notices—1 for licensed clinics about the availability of state health services including abortion and 1 for unlicensed clinics, notifying potential clients that the clinics are not licensed medical facilities and have no licensed medical professionals on-site. The Supreme Court found that both notices violated the First Amendment rights of the clinics. The Supreme Court's opinion elicits new uncertainties about the government's ability to require the disclosure of factual information in the context of reproductive health services and more broadly in the commercial context. However, the Supreme Court's silence on 1 of the state's purposes for the unlicensed clinic notice, which was to address deceptive speech by the clinics, highlights a potential avenue for future regulation. Policymakers can require the disclosure of factual information in the commercial context specifically to prevent consumer deception consistent with the First Amendment. Public health researchers can generate evidence to support such disclosure requirements intended to protect health and safety.
- Subjects
UNITED States; ABORTION laws; DISCLOSURE laws; UNITED States. Constitution. 1st Amendment; PUBLIC health; LEGAL status of pregnant women; UNITED States. Supreme Court; LEGAL judgments; DECEPTION; ACTIONS &; defenses (Law); HEALTH facility laws; LABOR discipline laws; PROFESSIONS -- Law &; legislation; COURTS; LEGAL procedure; UNITED States. Public Health Service; RULES; PROFESSIONAL licenses
- Publication
American Journal of Public Health, 2019, Vol 109, Issue 3, p412
- ISSN
0090-0036
- Publication type
Article
- DOI
10.2105/AJPH.2018.304871