US EditionSecond Circuit Upholds Injunction Protecting Speech About "Abortion Pill Reversal"
The Second Circuit ruled pregnancy centers' abortion pill reversal speech is likely noncommercial and protected under the First Amendment, blocking New York's enforcement efforts.
- A federal appeals panel on Monday held that New York cannot regulate faith-based pregnancy centers’ abortion pill reversal speech, affirming a preliminary injunction against Attorney General Letitia James.
- Because the plaintiffs receive no remuneration and do not provide APR themselves, the court concluded their APR statements are religiously motivated and likely noncommercial, triggering strict scrutiny.
- Medically, the protocol attempts to overwhelm mifepristone's effect by raising progesterone levels, but the American College of Obstetricians and Gynecologists says claims lack scientific support and a 2019 study ended after only 12 women enrolled.
- Judge Joseph Bianco wrote the injunction secures the NIFLA plaintiffs' First Amendment rights, but the ruling does not resolve New York's enforcement constitutionality and further briefing remains.
- Amid post‑Dobbs litigation, the court cautioned that treating such speech as commercial could subject nonprofits like reproductive rights groups and LGBT advocacy groups to regulation.
13 Articles
13 Articles
Court rules NY's efforts to censor pro-life pregnancy centers unconstitutional
An appeals court panel has ruled that efforts to stop pro-life pregnancy centers in New York from informing patients about abortion pill reversal are unconstitutional, as such organizations find themselves increasingly subject to investigations from Democratic politicians. #FirstAmendment #Abortion #NewYork #LetitiaJames #AllianceDefendingFreedom
Pro-Life Pregnancy Centers Pick Up Big Win Against New York AG Letitia James
A coalition of pro-life crisis pregnancy centers won a big victory on Monday against New York Attorney General Letitia James over her targeting of organizations that promote a protocol that can help a mother save her child if she regrets taking an abortion pill.The U.S. Court of Appeals for the 2nd Circuit affirmed that the coalition has a First Amendment right to speak about the abortion pill reversal protocol, a process that is meant for women…
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