First Amendment confrontation may loom in post-Roe fight
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The Supreme Court declared clearly last week that there is no federal right to abortion. But how the decision in Dobbs v. Jackson Women’s Health Organization affects the right to talk about abortion remains far from settled, teeing up what legal experts said was a looming confrontation over whether the First Amendment allows censoring speech about a medical procedure that will become illegal in much of the country.
In states where abortion is outlawed, for instance, how can women be informed of their options elsewhere? Will media outlets be free to publish advertisements across state lines from providers operating in states where abortion has not been outlawed — as the Supreme Court long ago ruled they could?