A federal appeals court has ruled that New York cannot block crisis pregnancy centers from promoting “abortion pill reversal,” finding that such speech is protected under the First Amendment.
The U.S. Court of Appeals for the Second Circuit issued its decision Monday, upholding a lower court’s injunction that barred New York Attorney General Letitia James from enforcing state false advertising and consumer protection laws against anti-abortion centers.
The ruling centers on whether statements about abortion pill reversal, a process involving the hormone progesterone to counteract the effects of mifepristone, constitute commercial speech. Judge Joseph F. Bianco, writing for the panel, concluded that the centers’ advocacy was not economically motivated and therefore entitled to full constitutional protection.
The case was brought by the National Institute of Family and Life Advocates (NIFLA) along with Gianna’s House and Options Care Center, who argued that James’ lawsuits against similar organizations chilled their ability to speak freely. In 2024, James had accused several centers of misleading women with claims about abortion reversal, which critics say lacks sufficient scientific evidence.
For New York, the ruling represents a setback in efforts to regulate what Democratic officials view as deceptive health claims. James’ office argued that even without financial gain, the centers’ speech should be considered commercial and subject to regulation.
The appeals court rejected that position, emphasizing that the First Amendment protects speech that is religiously or morally motivated. Alliance Defending Freedom, which represented the centers, hailed the decision as a victory for free expression.
