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,
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 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
Dealing With Unplanned Pregnancy
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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ABOUT THE AUTHOR
Zachary Mettler is a writer/analyst for the Daily Citizen at Focus on the Family. In his role, he writes about current political issues, U.S. history, political philosophy, and culture. Mettler earned his Bachelor’s degree from William Jessup University and is an alumnus of the Young Leaders Program at The Heritage Foundation. In addition to the Daily Citizen, his written pieces have appeared in the Daily Wire, the Washington Times, the Washington Examiner, Newsweek, Townhall, the Daily Signal, the Christian Post, Charisma News and other outlets.