National Institute Of Family And Life Advocates (Nifla) v. Becerra

Facts

The California State Legislature enacted the FACT Act to regulate crisis pregnancy centers. Crisis pregnancy centers-according to a report commissioned by the California State Assembly, are “pro-life (largely Christian belief-based) organizations that offer a limited range of free pregnancy options, counseling, and other services to individuals that visit a center.” The California FACT Act requires clinics that primarily serve pregnant women to provide certain notices. Clinics that are licensed must notify women that California provides free or low-cost services, including abortions, and give them a phone number to call. Its stated purpose is to make sure that state residents know their rights and what health care services are available to them. Unlicensed clinics must notify women that California has not licensed the clinics to provide medical services. Its stated purpose is to ensure that pregnant women know when they are receiving health care from licensed professionals. The stated purpose of the FACT Act, including its licensed notice requirement, is to “ensure that California residents make their personal reproductive health care decisions knowing their rights and the health care services available to them. Ps are an unlicensed pregnancy center and an organization composed of crisis pregnancy centers. Ps allege that the licensed and unlicensed notices abridge the freedom of speech protected by the First Amendment. The District Court denied their motion for a preliminary injunction. The Ninth Circuit held that Ps could not show a likelihood of success on the merits. It held that the licensed notice survives the “lower level of scrutiny” that applies to regulations of “professional speech.” It concluded that the unlicensed notice satisfies any level of scrutiny. The Supreme Court granted certiorari. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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