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important decisions from the 4th Circuit in crisis pregnancy center cases

Yesterday, the 4th Circuit ruled (in 2-1 decisions) on 2 cases involving laws that compelled crisis pregnancy centers to engage in certain speech. Here are links to the decisions.  http://www.ca4.uscourts.gov/Opinions/Published/111111.P.pdf and  http://www.ca4.uscourts.gov/Opinions/Published/111314.P.pdf

The court held that the compelled speech ordinances violated the First Amendement rights of the centers.  Among other things, the ordinances required the centers to post signs stating that the centers did not provide or make referrals for abortion or birth control services. The court held that the speech that was compelled was non-commercial and that accordingly the ordinances had to meet the highest standard of review (strict scrutiny) and that the ordinances could not satisfy that standard.

These are important decisions that preserve the freedom of crisis pregnancy centers to counsel women in the way they choose, without having to convey a governmentally-mandate message.

Richard M.

 

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