We know that the Supreme Court overturning of Roe v. Wade affects abortion rights throughout the nation. But is abortion speech protected by the First Amendment even if it’s banned in certain states?

The new state-by-state nature of abortion law  is what renders speech a complex issue – especially since some laws mention “aiding and abetting” abortion.

If someone advises a person on how to have a legal abortion in a state where it’s illegal – guidance like traveling to another state or ordering medication – is that speech also illegal?

We actually have some legal precedent for this. 

In Bigelow v. Virginia, a majority of the Supreme Court ruled that an ad for a NY abortion clinic was legally printed in a Virginia paper, even though abortion was illegal in Virginia.

Most of the justices reasoned that the speech was protected, because:

• It was not purely commercial – it was offering truthful information.
• Abortion was not a crime in NY, so it was legal to discuss its operations there.

Others have pointed out that government restriction of speech needs to be content neutral under the First Amendment.

In other words: If pro-life advocates can counsel women about abortion, why can’t pro-choice advocates?

I represent news media, bloggers, publishers, and citizens interested in government access, and others who operate under the First Amendment—public records; public meetings; newsgathering; avoiding defamation lawsuits; suing Anti-SLAPP violators. My job is to help you get the records and access you need, help you get the story, help you get the story without getting arrested, help get the story published without defaming anyone, and then defend the story after publication. 

If you need help with any of these areas and don’t have an attorney already, contact me: [email protected]. This post is not intended to be legal advice and does not form the basis of a lawyer-client relationship.