Compelled marketplace speech and the First Amendment

California law compels “crisis pregnancy centers” whose mission is to provide alternatives to abortion to advise clients that the state of California offers free or low-cost abortion, contraception, prenatal counseling, and other services to eligible women. An instance of compelled speech that rises to the level of a First Amendment violation? [Ilya Shapiro as part of SCOTUSblog symposium on NIFLA v. Becerra; Shapiro, Trevor Burrus, and Meggan DeWitt, Cato]

Related: Courts should apply strict scrutiny to compelled-disclosure laws requiring firms to disparage own products or take part in public debate [Shapiro and DeWitt on cert petition in CTIA v. Berkeley, on Berkeley, Calif. law requiring cellphone vendors to warn customers of radio frequency exposures even though the FCC has found no scientific evidence to link to any illness]


  • How far does that go? Can businesses be forced to disclose the misleading 77 cents for every dollar stat?

  • Well, since you employ 5 times as many men as women, the stat should be that you pay women $.20 for every $1 you pay a man… Lies, damn lies, statistics