Skip to main content

No. 16-1140October Term 2017Decided Jun 26, 2018

Docket 16-1140October Term 2017 (2017–2018)

National Institute of Family and Life Advocates v. Becerra

The Court said California likely could not force these pregnancy centers to give the required notices.

Case status

Current stage
Decided
Latest event
Decision released Jun 26, 2018
Case Accepted
Arguments
Decision ReleasedJun 26, 2018
What it's about

This case asked whether California could require anti-abortion pregnancy centers to give notices about state-provided reproductive health services, including abortion, and to disclose when a center was not licensed to provide medical services. The Supreme Court held that the centers were likely to succeed on their claim that these notice requirements violated the First Amendment’s free speech protections.

Question presented

1. WHETHER THE DISCLOSURES REQUIRED BY THE CALIFORNIA REPRODUCTIVE FACT ACT VIOLATE THE PROTECTIONS SET FORTH IN THE FREE SPEECH CLAUSE OF THE FIRST AMENDMENT, APPLICABLE TO THE STATES THROUGH THE FOURTEENTH AMENDMENT. 2. Whether the Free Speech Clause or the Free Exercise Clause of the First Amendment prohibits California from compelling licensed pro-life centers to post information on how to obtain a state-funded abortion and from compelling unlicensed pro-life centers to disseminate a disclaimer to clients on site and in any print and digital advertising.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jun 26, 2018

Area

Decided Supreme Court case

Briefing

What it's about

California required certain pregnancy centers to post notices about state reproductive health services, including abortion, and to say when they were not licensed medical providers. The Supreme Court said the centers were likely to succeed in arguing that those notice rules violated the First Amendment's free speech protections.

Vote

On June 26, 2018, the Court said the pregnancy centers were likely to succeed on their First Amendment claim. The prompt does not provide the vote count or opinion lineup.

Impact

The decision limits how far states can go in forcing private groups to deliver government-written messages. It directly affected licensed and unlicensed pregnancy centers in California that had to post or publish these notices.

What's next

The Supreme Court has finished this docket action. The decision now serves as guidance for lower courts and for states considering similar notice laws.

What was the main fight in National Institute of Family and Life Advocates v. Becerra?

The case asked whether California could force anti-abortion pregnancy centers to give notices about state services, including abortion. The centers said that violated free speech rights.

Who was affected by the Court's decision in this case?

Licensed and unlicensed pregnancy centers in California were directly affected. The ruling also matters to states that want private groups to post government-required messages.

What happened next after the Supreme Court decided the case?

The Supreme Court's work on this case ended with the June 26, 2018 decision. After that, lower courts and state officials had to follow the Court's First Amendment analysis.

Decision

Decision record

What the Court decided

The Court said California likely could not force these pregnancy centers to give the required notices.

Impact

The decision limits how far states can go in forcing private groups to deliver government-written messages. It directly affected licensed and unlicensed pregnancy centers in California that had to post or publish these notices.

Not official Court text.

Opinion documents