1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Facing the FACT Act: Abortion and Free Speech (Part II) Updated July 26, 2019 Update: For a discussion of the Supreme Courts June 26, 2018 decision in NIFLA v. Becerra holding that the FACT Act likely vio
2、lated the First Amendment, see CRS Report R45316, Supreme Court October Term 2017: A Review of Selected Major Rulings, coordinated by Andrew Nolan. On October 26, 2018, the parties in NIFLA stipulated to an injunction and dismissal of the case, and the district court permanently enjoined the state a
3、nd local defendants from enforcing the FACT Act. No. 3:15-cv-02277 (S.D. Cal. Oct. 26, 2018), ECF No. 76. The original post from January 10, 2018 is below. As explained in Part I of this Sidebar, the parties in National Institute of Family and Life Advocates (NIFLA) v. Becerra dispute whether Califo
4、rnias Reproductive FACT Act is a viewpoint- or content-based restriction on speech subject to strict scrutiny (and thus presumptively invalid) or a professional or commercial regulation subject to less exacting scrutiny. The path the Court chooses could have implications for lawmakers both in the co