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.

  • Melllvar@startrek.website
    link
    fedilink
    arrow-up
    1
    arrow-down
    1
    ·
    edit-2
    11 months ago

    Actually, it’s your legal analysis that is wrong. Because your analysis begs the very question that the court is trying to answer: is their speech protected?

    • FlowVoid@midwest.social
      link
      fedilink
      arrow-up
      1
      arrow-down
      1
      ·
      edit-2
      11 months ago

      The answer is right in the quote by the Supreme Court. Commercial speech is not protected if it’s misleading. So by definition, a law that bans deceptive speech is constitutional.

      In the case of these plaintiffs, maybe their speech is deceptive and maybe it isn’t. That’s up to a jury to determine. But either way, the law stands.

      In other words, it’s entirely possible that their speech is not deceptive but someone else’s is deceptive. The law would only apply to the latter.