Supreme Court Will Hear Pregnancy Center’s Free Speech Fight Against New Jersey

The U.S. Supreme Court on Monday took up the case of a pregnancy resource center suing the New Jersey attorney general in defense of its free speech rights.

First Choice Women’s Resource Centers is a faith-based, pro-life, medically licensed pregnancy center in New Jersey. Since its inception in 1985, the organization has served over 36,000 women facing unplanned pregnancies.

However, New Jersey Attorney General Matthew Platkin has targeted First Choice because of its religious and pro-life views, First Choice’s lawyers with Alliance Defending Freedom (ADF) allege.

Platkin has requested First Choice identify – by name – the donors behind nearly 5,000 donations and produce up to 10 years of its internal, confidential documents.

Why? Because of his brazen support for abortion.

In their petition for certiorari at the Supreme Court, First Choice’s lawyers point out that Platkin has “made no secret of his hostility towards pregnancy centers.” He issued a consumer alert – with the help of Planned Parenthood – complaining that the centers don’t provide or refer for abortion. He also signed an open letter promising to take legal action against pregnancy centers.

The petition argues,

The Attorney General made good on that pledge by issuing an invasive Subpoena to First Choice Women’s Resource Centers, Inc.
Though the Attorney General could not identify a single complaint, he demanded First Choice turn over years of sensitive internal information – including donor information about nearly 5,000 contributions.

As a result, First Choice’s lawyers filed a lawsuit in federal court to stop Platkin’s attempt to obtain the confidential information. The First Amendment protects donor identities from unjustified disclosure and prohibits state officials for retaliating against speech they disagree with, ADF notes.

Platkin responded by filing his own lawsuit in state court, seeking to compel First Choice to provide the information.

The U.S. Court of Appeals for the 3rd Circuit decided in First Choice’s lawsuit that the pregnancy center must pursue its federal claims in state court because of Platkin’s state-court filing.

First Choice is asking the Supreme Court to rule that it does not need to litigate challenges to state investigations in state court before they can bring federal claims.

ADF Senior Counsel Erin Hawley, vice president of the ADF Center for Life and Regulatory Practice, issued a statement after the Court took up the case.

“New Jersey’s attorney general is targeting First Choice – a ministry that provides parenting classes, free ultrasounds, baby clothes, and more to its community – simply because of its pro-life views,” Hawley said, adding,

The Constitution protects First Choice and its donors from unjustified demands to disclose their identities, and First Choice is entitled to vindicate those rights in federal court.

“The lower courts have wrongly held that First Choice is relegated to state court to present its constitutional claims,” Hawley added. “We are looking forward to presenting our case to the Supreme Court and urging it to hold that First Choice has the same right to federal court as any other civil rights plaintiff.”

The Daily Citizen will keep you updated as the case progresses.

The case is First Choice Women’s Resource Centers v. Platkin.

Focus on the Family has been working for years to turn the cultural tide and save mothers and babies from abortion. Since beginning the Option Ultrasound Program in 2004, Focus has helped save over half a million lives. Just $60 will help save a life through Option Ultrasound. Will you partner with us to save lives from abortion?

Additionally, if you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.

Related articles and resources:

Become an Option Ultrasound Life Advocate

My Choice Network

I’m Pregnant, Now What?

Dealing With Unplanned Pregnancy

Stepping Up to Defend Life

Expressing Pro-Life Views in Winsome Ways

Experiencing God’s Mercy After Leaving the Abortion Industry

Prolife Answers to Prochoice Arguments

The Case for Life: Equipping Christians to Engage the Culture

Planned Parenthood Earns $2 Billion Killing Over 400,000 Babies, Annual Report Shows

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