Saturday, October 15, 2016

9th Circuit Upholds Required Disclosures By Pregnancy Clinics

In National Institute of Family and Life Advocates v. Harris, (9th Cir., Oct. 14, 2016, the 9th Circuit Court of Appeals upheld California's FACT Act which requires licensed pregnancy counseling clinics to disseminate a notice on the existence of publicly-funded family planning services, including contraception and abortion.  Unlicensed clinics must disseminate a notice that they and their personnel are unlicensed. The court affirmed the district court's denial of a preliminary injunction to three religiously-affiliated non-profits, rejecting free speech and free exercise objections. The court concluded that the required notice by licensed facilities is professional speech subject to intermediate scrutiny. UPI reports on the decision. [Thanks to Scott Mange for the lead.]