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Free Speech and Abortion
Free speech arguments in the abortion context had long been a side issue. In an era where conservative states privileged incremental restrictions on abortion, lawmakers began mandating counseling requirements that arguably compromised the freedom of expression of doctors and patients; federal regulations or "gag rules" have had a similar effect. As the Supreme Court moved from framing abortion rights as belonging jointly to pregnant people and doctors, the Court also increasingly described First Amendment claims raised by physicians as weak. Recently, California has regulated crisis pregnancy centers, anti-abortion facilities intended to discourage people from ending their pregnancies. Is there a double standard for abortion providers and other speakers? Are these cases distinguishable? Are there limits on what states can mandate when it comes to provider speech?
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