‘Significant Victory’: Ninth Circuit Court Mixed Ruling ‘Frees Idahoans to Talk With Pregnant Minors About Abortion Health Care’
“Encouragement, counseling, and emotional support are plainly protected speech under Supreme Court precedent,” a federal appeals court ruled on Dec. 2, “including when offered in the difficult context of deciding whether to have an abortion.”
Against the backdrop of the state’s abortion-hostile reality, the plaintiffs raised three primary federal constitutional claims . Specifically, they argued that the law violated: their rights under the due process clause; the First Amendment; and their protected She must then hope “that the line she draws in her own mind is the same line that law enforcement and prosecutors draw.”
Lastly, grounded in the foundational constitutional principle that “government has no power to restrict expression because of its message, its ideas, its subject matter, or its content,” plaintiffs argued that the travel ban criminalized protected speech—namely the provision of information regarding access to legal out-of-state abortions.
craft a statute muzzling the speech and expressive activities of a particular viewpoint with which the state disagrees under the guise of parental rights … Nor can the state enact a criminal law that is so unconstitutionally vague that ordinary individuals … are without fair notice of what conduct is proscribed and that subjects individuals to arbitrary enforcementin the case.
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