Clay Calvert, Marion B. Brechner First Amendment Project director, was quoted in “Do Crisis Pregnancy Centers Have the Right to Mislead Women? The Supreme Court Will Decide” published on Refinery29.com on March 20.

The article, written by Amelia Harnish, B.S. Journalism 2010, focuses on National Institute of Family and Life Advocates (NIFLA) V. Becerra, a challenge to a 2015 California law brought by a network of crisis pregnancy centers (CPCs). These centers, founded by anti-choice organizations, often open across the street or right next door to abortion clinics, and some have been found to engage in deceptive marketing tactics, provide medically inaccurate information to pregnant women, and perform medically unnecessary and invasive ultrasounds.

According to Calvert, the heart of the debate is the balance between a state government’s right to protect consumers by regulating what’s known as “professional speech,” versus the right of individuals to say (or not say) whatever they want.

Calvert explains that while the government cannot restrict or compel people’s political or religious speech, it can regulate other types of speech, such as making sure lawyers disclose certain information about their services in advertising or that doctors disclose information about a procedure’s risks.

“This is a very interesting case because the Court can clarify several things here,” Calvert said. “It can clarify the scope of the First Amendment right not to be compelled to speak. It can also clarify the scope of this emerging professional speech doctrine where professional speech can be regulated more, under less scrutiny. And it can also clarify the First Amendment right to receive information, the right of the women entering these clinics to clearly receive certain information.”

Posted: March 27, 2018
Category: College News, Marion B. Brechner First Amendment Project News
Tagged as: Clay Calvert, Marion B. Brechner First Amendment Project, Refinery29.com