In National Institute of Family and Life Advocates v. Raoul, (ND IL, Aug. 4, 2023), an Illinois federal district court issued a preliminary injunction against enforcement of Illinois SB 1909 which amends the state Consumer Fraud Act to prohibit limited purpose pregnancy centers from using misrepresentations or concealment to interfere with a person's access to abortion or emergency contraception. the court said in part:
SB 1909 is content based discrimination. The subject of the prohibited speech is not just abortion but speech that emphasizes the negative effects of abortion. What's more, there is ample evidence in the record before the Court at this time that SB 1909 was adopted because of Defendant Raoul's disagreement about the content of Plaintiffs' speech. The message of Plaintiffs' speech is subject to prohibition under SB 1909 but abortion providers' speech is specifically excluded from being sanctioned under the Consumer Fraud Act.
