Suit was filed this week in a Delaware federal district court challenging a new Delaware law that requires pro-life pregnancy centers to include in all advertising and to disseminate to clients onsite a disclaimer stating: "This facility is not licensed as a medical facility by the state of Delaware and has no licensed medical provider who provides or directly supervises the provision of services." The complaint (full text) in National Institute of Family and Life Advocates v. Jennings, (D DE, filed 2/12/2025) alleges that this requirement violates the free speech and free exercise rights of pregnancy care centers. The complaint alleges in part:
13. ... [The law] is a classic example of compelled speech in violation of the Free Speech Clause. The law is expressly content-based both because it compels the content of speech and because it regulates only speakers who wish to discuss the subject of pregnancy from a pro-life perspective rather than any other health topic.
14. The law is also viewpoint based, because it is designed to target pro-life pregnancy care centers and burdens, restricts, chills, or in some circumstances legally prohibits their message. It does not similarly impact pro-abortion advocacy groups, individuals, or facilities.
15. The law also infringes upon the free exercise rights of the pregnancy care centers which are founded with a religious mission to engage and support women, but will be forced to drown out their religiously motivated messages (including ones with primarily or exclusively religious content) and present misleading information to undercut the opportunities the pregnancy care centers have to engage pregnant women in unplanned or unsupported pregnancies.
ADF issued a press release announcing the filing of the lawsuit.
