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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Saturday, August 25, 2012

Consistency For Compelled Speech Concerns

A blog referencing the a recent lower court tobacco warning ruling noted:
In addition, reading the opinions shows how these compelled-speech concerns tie back to both mandatory ultra-sound laws and regulations of crisis pregnancy centers, so this case has much broader effect.
There is also the "risk to suicide" case.  It also is notable that even when some justices supported broader allowance of regulation of abortion, matters of this nature was said to possibly have 1A implications:
This is not to say that the informed consent provisions may not violate the First Amendment rights of the physician if the State requires him or her to communicate its ideology.
Planned Parenthood v. Casey also did not do much to discuss this issue, but did note:
If the information the State requires to be made available to the woman is truthful and not misleading, the requirement may be permissible.
If cigarette and liquor advertising warrants careful 1A scrutiny, which seems to be the understanding of the USSC, this area even w/o the separate liberty interests related to abortion choice deserves it as well.