Abortion Disclosure Laws and the First Amendment: The Broader Public Health Implications of the Supreme Court's Becerra Decision

Research output: Contribution to journalArticle

Abstract

In 2018, the US Supreme Court analyzed a California state requirement that clinics serving pregnant women must provide government notices-1 for licensed clinics about the availability of state health services including abortion and 1 for unlicensed clinics, notifying potential clients that the clinics are not licensed medical facilities and have no licensed medical professionals on-site. The Supreme Court found that both notices violated the First Amendment rights of the clinics. The Supreme Court's opinion elicits new uncertainties about the government's ability to require the disclosure of factual information in the context of reproductive health services and more broadly in the commercial context. However, the Supreme Court's silence on 1 of the state's purposes for the unlicensed clinic notice, which was to address deceptive speech by the clinics, highlights a potential avenue for future regulation. Policymakers can require the disclosure of factual information in the commercial context specifically to prevent consumer deception consistent with the First Amendment. Public health researchers can generate evidence to support such disclosure requirements intended to protect health and safety.

Original languageEnglish (US)
Pages (from-to)412-418
Number of pages7
JournalAmerican Journal of Public Health
Volume109
Issue number3
DOIs
StatePublished - Mar 1 2019

Fingerprint

Supreme Court Decisions
Disclosure
Public Health
Reproductive Health Services
Health Services Accessibility
Aptitude
Deception
Uncertainty
Pregnant Women
Research Personnel
Safety
Health

ASJC Scopus subject areas

  • Public Health, Environmental and Occupational Health

Cite this

@article{82d5ea50aa5e448a8751a09912116e08,
title = "Abortion Disclosure Laws and the First Amendment: The Broader Public Health Implications of the Supreme Court's Becerra Decision",
abstract = "In 2018, the US Supreme Court analyzed a California state requirement that clinics serving pregnant women must provide government notices-1 for licensed clinics about the availability of state health services including abortion and 1 for unlicensed clinics, notifying potential clients that the clinics are not licensed medical facilities and have no licensed medical professionals on-site. The Supreme Court found that both notices violated the First Amendment rights of the clinics. The Supreme Court's opinion elicits new uncertainties about the government's ability to require the disclosure of factual information in the context of reproductive health services and more broadly in the commercial context. However, the Supreme Court's silence on 1 of the state's purposes for the unlicensed clinic notice, which was to address deceptive speech by the clinics, highlights a potential avenue for future regulation. Policymakers can require the disclosure of factual information in the commercial context specifically to prevent consumer deception consistent with the First Amendment. Public health researchers can generate evidence to support such disclosure requirements intended to protect health and safety.",
author = "Jennifer Pomeranz",
year = "2019",
month = "3",
day = "1",
doi = "10.2105/AJPH.2018.304871",
language = "English (US)",
volume = "109",
pages = "412--418",
journal = "American Journal of Public Health",
issn = "0090-0036",
publisher = "American Public Health Association Inc.",
number = "3",

}

TY - JOUR

T1 - Abortion Disclosure Laws and the First Amendment

T2 - The Broader Public Health Implications of the Supreme Court's Becerra Decision

AU - Pomeranz, Jennifer

PY - 2019/3/1

Y1 - 2019/3/1

N2 - In 2018, the US Supreme Court analyzed a California state requirement that clinics serving pregnant women must provide government notices-1 for licensed clinics about the availability of state health services including abortion and 1 for unlicensed clinics, notifying potential clients that the clinics are not licensed medical facilities and have no licensed medical professionals on-site. The Supreme Court found that both notices violated the First Amendment rights of the clinics. The Supreme Court's opinion elicits new uncertainties about the government's ability to require the disclosure of factual information in the context of reproductive health services and more broadly in the commercial context. However, the Supreme Court's silence on 1 of the state's purposes for the unlicensed clinic notice, which was to address deceptive speech by the clinics, highlights a potential avenue for future regulation. Policymakers can require the disclosure of factual information in the commercial context specifically to prevent consumer deception consistent with the First Amendment. Public health researchers can generate evidence to support such disclosure requirements intended to protect health and safety.

AB - In 2018, the US Supreme Court analyzed a California state requirement that clinics serving pregnant women must provide government notices-1 for licensed clinics about the availability of state health services including abortion and 1 for unlicensed clinics, notifying potential clients that the clinics are not licensed medical facilities and have no licensed medical professionals on-site. The Supreme Court found that both notices violated the First Amendment rights of the clinics. The Supreme Court's opinion elicits new uncertainties about the government's ability to require the disclosure of factual information in the context of reproductive health services and more broadly in the commercial context. However, the Supreme Court's silence on 1 of the state's purposes for the unlicensed clinic notice, which was to address deceptive speech by the clinics, highlights a potential avenue for future regulation. Policymakers can require the disclosure of factual information in the commercial context specifically to prevent consumer deception consistent with the First Amendment. Public health researchers can generate evidence to support such disclosure requirements intended to protect health and safety.

UR - http://www.scopus.com/inward/record.url?scp=85061132047&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85061132047&partnerID=8YFLogxK

U2 - 10.2105/AJPH.2018.304871

DO - 10.2105/AJPH.2018.304871

M3 - Article

C2 - 30676798

AN - SCOPUS:85061132047

VL - 109

SP - 412

EP - 418

JO - American Journal of Public Health

JF - American Journal of Public Health

SN - 0090-0036

IS - 3

ER -