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National Institute of Family and Life Advocates v. Becerra

138 S. Ct. 2361 (2018)

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National Institute of Family and Life Advocates v. Becerra

United States Supreme Court

138 S. Ct. 2361 (2018)

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Facts

The California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (1) required each licensed clinic to disclose to its pregnant patients that the state provided free or subsidized abortions, and (2) required each unlicensed clinic to disclose on any advertising that the clinic was not licensed by the state. With respect to the unlicensed notice, the law required a prewritten, 29-word statement on all advertisements. The National Institute of Family and Life Advocates (NIFLA) (plaintiff) sued the State of California (defendant), arguing that the law violated clinics’ First Amendment rights to free speech. The United States Court of Appeals for the Ninth Circuit applied intermediate scrutiny to the notice requirements, finding that the law regulated professional speech, which the court held to be a separate category of content-based speech not subject to strict scrutiny. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

Concurrence (Kennedy, J.)

Dissent (Breyer, J.)

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