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Second Circuit Upholds Injunction Protecting Pregnancy Centers’ Abortion Pill Reversal Speech

The appeals panel deemed the centers’ APR messages noncommercial speech, triggering strict scrutiny the state has not met.

Overview

  • A three-judge panel of the U.S. Court of Appeals for the Second Circuit upheld a district court’s order that blocks New York from enforcing its claims against several pregnancy centers and allied groups.
  • New York Attorney General Letitia James sued organizations including Heartbeat International, alleging they used false or misleading statements to promote abortion pill reversal.
  • The court agreed the centers’ messages are religiously and morally motivated, involve no remuneration, and provide information or referrals rather than selling APR services.
  • Because the state did not show its restrictions could survive strict scrutiny and the alleged First Amendment harm is irreparable, the preliminary injunction remains in place.
  • The litigation continues on the merits as debates persist over APR, which supporters promote as progesterone treatment after mifepristone and critics call unproven.