A federal judge has blocked a new Illinois law that allows the state to penalize anti-abortion counseling centers if they use deception to interfere with patients seeking the procedure.
A federal judge has blocked a new Illinois law that allows the state to penalize anti-abortion counseling centers if they use deception to interfere with patients seeking the procedure.
I think you are underestimating the significance of the ruling. In cases like this, judges issue temporary injunctions if they believe the law will most likely be found unconstitutional when the lawsuit is resolved. The judge described the law as a “blatant violation of the 1st Amendment”, indicating that he will most likely issue a permanent injunction later.
So it’s only the “right call” if you agree with him. And if it matters to anyone, this judge is a Trump appointee.
No. It’s perfectly reasonable to at once support women’s rights over their own bodies but also see serious first amendment questions in this sort of law.
A similar law that targeted abortion providers would be similarly problematic. If you don’t see it that way then you aren’t looking at the question from the perspective of the first amendment.
Then you agree with him.
If the question is whether a preliminary injunction is appropriate, then yes. A preliminary injunction preserves the status quo while the case is decided. Since the the law plausibly infringes the plaintiffs’ first amendment rights, the proper judicial decision is to preserve the status quo. This is the general rule applied to all cases of this nature and should not be construed as evidence of bias by the judge.
Really, my point in commenting has more to do with calling out the AP for sensationalist reporting than with the merits of the case being reported on.
A preliminary injunction is appropriate if the plaintiffs are very likely to succeed. Otherwise you or I could block any new law by endlessly “preserving the status quo” with a stream of lawsuits.
So if you think that the preliminary junction is appropriate, then you must agree with the judge that the law very likely violates the First Amendment.
On the face of it, it probably does. Whether it actually does will require a careful legal analysis of the law’s intent, scope, and whether there are alternatives that the state could have used.
This does not mean I approve of the plaintiffs’ speech. This does not mean I disapprove. It means that I value the first amendment and understand it, and so do not see a problem in how it’s been applied in this case so far.
I’m discussing technicalities not arguing the merits of their case. If that’s not the sort of discussion you’re interested in then I suggest you find someone else.
I understand the technicalities.
I am simply pointing out that a preliminary injunction is not issued by routine in cases like this. Therefore, it is newsworthy rather than “clickbait”.
Furthermore, it strongly indicates how the case will ultimately be decided. So if you agree with the injunction, then you should agree with the plaintiffs in this case. If you disagree with the plaintiffs, then you have good reason to disagree with the injunction. Therefore, some people are rightfully very concerned about this news.
That is all. I am not interested in arguing the merits, either.
The article is clickbaity by being vague, not because the subject is not newsworthy.
And a preliminary injunction is routine if strict scrutiny should be applied. I agree that it probably should be applied based on the general characteristics of the law, and yeah the law will probably fall short of that standard and as such it ought to be struck down, but that does not in any way imply that I agree with the plaintiffs speech.
I didn’t say you agreed with the plaintiff’s speech, I said you agreed with the plaintiffs. Namely, that the law should be struck down.
By arguing that the law ought to be struck down, you are arguing the merits despite your protest earlier. In which case, there are plenty of restrictions on commercial speech that are in keeping with the First Amendment. For example, Elon Musk was sanctioned because of his speech regarding Tesla stock.
The First Amendment is not some get-out-of-jail card that allows commercial entities to say whatever they want, particularly if they are being deceptive. And strict scrutiny does not apply to commercial speech. That’s why there is an entire federal agency, the FTC, whose mission includes regulation of commercial speech.
There are even more restrictions on speech when health care is involved. If your doctor posts all your medical records to their blog, the First Amendment won’t protect them. If you sell a home remedy that you claim will cure cancer, the First Amendment won’t protect you. If someone lies about being a doctor and you consent to a physical exam on that basis, the First Amendment won’t protect them.
Maybe you think the First Amendment allows these particular plaintiffs to deceive potential clients about health care. Well, that’s your opinion. But plenty of legal scholars - and historical precedent - argue otherwise.