U.S. Supreme Court hears arguments in pregnancy centers’ free speech case

On March 20, the U.S. Supreme Court heard oral arguments in NIFLA v. Becerra regarding California’s Reproductive FACT Act, also known as the “bully bill.” The law requires pregnancy centers, which offer life-affirming resources to women, to distribute the following:

The law has already been challenged and made its way through the court system. Last October, Superior Court Judge Gloria Trask ruled that the above speech was “compelled speech,” and thus unconstitutional. The suit had been brought by Scott Scharpen of Go Mobile for Life. The Ninth Circuit Court of Appeals however, in October 2016, ruled that the law could stand. This particularly pro-abortion circuit has been overturned 80 percent of the time. Alliance Defending Freedom, which is representing a pregnancy center network and two pregnancy centers in California, appealed their case to the Supreme Court.

Last November the Supreme Court agreed to decide the fate of the law with National Institute of Family and Life Advocates (NIFLA) v. Becerra. The March 20 date was announced in January.

READ: Ten numbers you should know about pregnancy centers

The case is being billed by pro-lifers as a First Amendment issue, in that no person should be forced to engage in government compelled speech, particularly when it has to do with deeply held beliefs. The Court agreed to hear it on free speech grounds, but declined to decide whether the compelled speech interfered with the free exercise of religion.

A rally was held outside the Court during oral arguments, A Rally to Give Free Speech Life. NIFLA also encouraged supporters to participate in a tweet fest from 8:00 to 11:00 Eastern time, with #GiveFreeSpeechLife.

The law has long had support from NARAL Pro-Choice America, before it even passed. NARAL has a history of attacking pregnancy centers. Their role in the FACT Act was no different, in that NARAL president Ilyse Hogue appeared against Lila Rose to debate the bill and, along with NARAL Pro-Choice California State Director Amy Everitt, wrote an op-ed published in The Mercury News, just before the bill was signed into law by pro-abortion Democratic Governor Jerry Brown.

Leading up to Tuesday’s oral arguments, NARAL has continued to share across social media their claims that pregnancy centers are fake clinics which lie to women as a reason why these centers should be compelled to communicate the government’s mandated speech.

But NIFLA is not without allies. In January, an amicus brief signed on by 128 U.S. House Representatives and 16 U.S. Senators was filed by Rep. Doug LaMalfa (R-CA), Rep. Andy Harris, M.D. (R-MD), and Sen. Steve Daines (R-MT).

“No person or entity can be required by the government to say or promote ideas they do not believe. That’s exactly what’s happening here, and it’s wrong,” LaMalfa said in a press release from his office. Daines offered:

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Live Action president and founder Lila Rose stated with regard to the case:

Pro-lifers have a hopeful track record when it comes to their First Amendment rights being upheld by the Supreme Court. The 2014 term handed down victories to pro-lifers with regards to political ads and for sidewalk counselors affected by buffer zones in Susan B. Anthony List v. Driehaus and McCullen v. Coakley, respectively. Both were unanimous decisions.