U.S. Supreme Court,
Constitutional Law,
Civil Rights,
9th U.S. Circuit Court of Appeals
Jun. 28, 2018
After NIFLA, we need a principle for disclosure laws
The Supreme Court now will need to figure out a principle for which disclosure laws are unconstitutional compelled speech and which are permissible.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
OCTOBER 2017 TERM
The U.S. Supreme Court's decision in National Institute of Family and Life Advocates v. Becerra, 2018 DJDAR 6224 (June 26, 2018), opens the door to challenges to countless laws that require disclosure of accurate information to patients, consumers and others. The ruling invalidates a law that sought to ensure that pregnant women in the state received important information about their options. It is...
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