EMW Women’s Surgical Center, P.S.C. v. Beshear

Kentucky law outlaws abortion unless a doctor first performs an ultrasound and displays and describes the images to the patient along with playing audible audio of the fetal heartbeat. A First Amendment violation? Not at all, says the Sixth Circuit; the Supreme Court has said informed consent requirements like this are A-OK. Dissent: The Supreme Court has said no such thing; this is straightforward compelled speech that doesn’t have the least bit to do with informed consent.

Tags: 2019, Abortion, Compelled Speech, First Amendment, Sixth Circuit

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