If sidewalk counseling regarding options to continue a pregnancy is protected political speech, so too should be counseling options regarding the choice to legally terminate a pregnancy.
to approach individuals who visit clinics that provide abortion services. In each of those cases, the individual conversations between a prospective clinic patient and an abortion opponent were recognized as political speech. The Court warned that attempts by state governments through their legislatures to create barriers to discourse between abortion opponents and pregnant people were not constitutional if the burdens imposed effectively silenced the speakers.
If the federal support for abortion is eliminated , within weeks, multiple states will enact legislation that severely limits abortion access. By last count, if . Some have argued that if abortion is a criminal act, so too will be speech that assists individuals and their providers in accessing the procedure.
If speech regarding abortion choices is essentially political, attempts to criminalize it are censorship. Censorship is kryptonite to democracy and for that reason is subject to the strongest legal assault. Of course, it might be wise to script such discussions to include keywords that implicate the political nature of the discussion, such as, “Let’s discuss your options regarding the exercise of your right to choose to terminate a pregnancy in a jurisdiction that protects that right.
Individuals, advocacy groups, newspapers and online platforms that provide information to an individual regarding out-of-state choices available to them should all be shielded by the First Amendment. Currently, Texas and Oklahoma have provided a civil avenue for vigilantes to collect $10,000 by suing those who “aid and abet” a person who seeks an abortion. In those states, even someone who has no relationship to the pregnant person or the abortion provider can sue. However, individuals, advocacy groups, newspapers and online platforms that provide information to an individual regarding out-of-state choices available to them should all be shielded by the First Amendment.
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