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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