National Institute of Family and Life Advocates v. Becerra

National Institute of Family and Life Advocates v. Becerra
Argued March 20, 2018
Decided June 26, 2018
Full case nameNational Institute of Family and Life Advocates, dba NIFLA, et al., Petitioners v. Xavier Becerra, Attorney General of California, et al.
Docket no.16-1140
Citations585 U.S. 755 (more)
138 S. Ct. 2361; 201 L. Ed. 2d 835
ArgumentOral argument
DecisionOpinion
Case history
PriorMotion for preliminary injunction denied, No. 3:15-cv-02277-JAH-DHB, 2016 U.S. Dist. LEXIS 92612 (S.D. Cal. 2016); aff'd, 839 F.3d 823 (9th Cir. 2016); cert. granted, 138 S. Ct. 464 (2017).
Holding
The California Reproductive FACT Act, which required crisis pregnancy centers to alert clients about state-assisted abortions, violated the First Amendment to the United States Constitution.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Case opinions
MajorityThomas, joined by Roberts, Kennedy, Alito, Gorsuch
ConcurrenceKennedy, joined by Roberts, Alito, Gorsuch
DissentBreyer, joined by Ginsburg, Sotomayor, Kagan
Laws applied
U.S. Const. amend. I

National Institute of Family and Life Advocates v. Becerra, 585 U.S. 755 (2018), was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The law required that licensed centers post visible notices that other options for pregnancy, including abortion, are available from state-sponsored clinics. It also mandated that unlicensed centers post notice of their unlicensed status. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "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."[1]

The Court ruled on June 26, 2018, in a 5–4 decision that the notices required by the FACT Act likely violate the First Amendment by targeting speakers rather than speech.[2]

  1. ^ National Institute of Family and Life Advocates v. Becerra, SCOTUSblog.
  2. ^ "Supreme Court Sides With California Anti-Abortion Pregnancy Centers". NPR.org. Retrieved June 26, 2018.

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