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Legal Principle at Issue

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.

Action

The Supreme Court ruled in a 5-4 decision that the FACT Act compelled speech and did not pass strict scrutiny (or even intermediate scrutiny, as appropriate).

Facts/Syllabus

At the center of the dispute was California’s Reproductive FACT Act, a law enacted in 2015 that required certain disclosures from facilities known as crisis pregnancy centers (CPCs). The National Institute of Family and Life Advocates (NIFLA), along with other CPCs, challenged the law, arguing that it violated the First Amendment. Specifically, they claimed that the law compelled them to speak in ways that directly contradicted their deeply held beliefs about abortion and violated their rights to free expression. They argued that the disclosures effectively forced them to advertise abortion services, undermining the very purpose of their organizations.

Importance of Case

The decision in NIFLA v. Becerra reaffirmed a strong interpretation of the First Amendment’s protection against compelled speech. The government cannot require private organizations — particularly those engaged in ideological or moral advocacy — to communicate messages that undermine their missions. The case has had significant implications for how states regulate speech in medical, professional, and advocacy settings, especially when such regulations touch on contentious moral or political issues.