It is still early to know what abortion opponents will prioritize in 2025, but one goal is clear: Criminalizing speech and information about abortion.
It is still early to know what abortion opponents will prioritize in 2025, but one goal is coming into view: Criminalizing speech and information about abortion. It may seem that efforts to criminalize speech will be constitutionally dead on arrival. In reality, as a recent decision over an Idaho law by the U.S. Court of Appeals for the 9, the fight to undercut reproductive rights will pose new, complicated threats to the freedom of speech in the years to come.
Examples also abound elsewhere. Texas lawmaker Steve Toth has filed a bill requiring internet service providers to make every “technologically feasible effort to block Internet access to information or material intended to assist or facilitate efforts to obtain an elective abortion or an.” Under the proposal, websites and providers who don’t block abortion-related content can be sued for at least $100,000.
Idaho’s law, like an identical provision on the books in Tennessee, theoretically focuses on minors but has much broader implications. The law makes it a crime for anyone to help a minor within the state access abortion by harboring, transporting, or. Matsumoto argued that the law was too vague to understand and that it violated the First Amendment.
But who gets to decide whether abortion is a crime? Imagine that a minor from Idaho travels to California or Colorado for an abortion, where there are constitutional protections for reproductive rights. Idaho might be just as certain that a crime occurred as California or Colorado would be that abortion access is protected.
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