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Free Speech and the Regulation of Reproductive Health

Published online by Cambridge University Press:  01 January 2021

Wendy Parmet
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Abstract

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Type
Introduction
Information
Journal of Law, Medicine & Ethics , Volume 43 , Issue 1 , Spring 2015 , pp. 6 - 8
Copyright
Copyright © American Society of Law, Medicine and Ethics 2015

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References

Primrose, S., “The Attack on Planned Parenthood: A Historical Analysis,” University of California Los Angeles Women's Law Journal 19, no2 (2012): 165–212, at 179–81.Google Scholar
Id., at 180.Google Scholar
421 U.S. 809 (1975).Google Scholar
134 S.Ct. 2518 (2014).Google Scholar
In his analysis of the subject, Robert Post aptly noted that we should be “wary” of any First Amendment theory that would render ordinary informed consent law unconstitutional. Post, R., “Informed Consent to Abortion: A First Amendment Analysis of Compelled Physician Speech,” University of Illinois Law Review 2007, no3. (2007): 939–990, at 973.Google Scholar
E.g., Wollschlaeger v. Governor, State of Florida, 760 F.3d 1195 (11th Cir. 2014);Google Scholar
Texas Medical Providers Performing Abortion Services v. Lakey, 667 F.3d 570, 576 (5th Cir. 2012) (stating that speech that is not ideological but is truthful relates to the regulation of medicine and does not trigger strict scrutiny).Google Scholar
Wollschlaeger v. Governor, State of Florida, 760 F.3d 1195 (11th Cir. 2014).Google Scholar
Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2014);Google Scholar
Doe v. Christie, 33 F.Supp 3d 518 (D. N.J. 2014) (upholding law barring gay conversion therapy). In an earlier case, the Ninth Circuit upheld a California law barring a physician from recommending marijuana.Google Scholar
Conant v. Walters, 309 F.3d 629 (9th Cir. 2002).Google Scholar
U.S. v. Caronia, 703 F.3d 149 (2d. Cir. 2012).Google Scholar
RJ Reynolds Tobacco Co. v. FDA, 696 F.3d 1205 (D.C. Cir. 2012)(striking down FDA regulation mandating graphic cigarette warning labels),Google Scholar
overruled in part by American Meat Inst. V. U.S. Dep't of Agriculture, 760 .3d 18, 2014 WL 3732697 (D.C. Cir. 2014).Google Scholar
But see Discount Tobacco City & Lottery Co. v. U.S., 674 F.3d 509 (6th Cir. 2012)(upholding requirement in Tobacco Control Act for graphic warning labels).Google Scholar