United States Fourth Circuit

At issue in this case is a compelled speech provision (N.C. Gen. Stat. section 90-21.85(b)) that requires physicians to perform, display and describe the image of a fetus during the ultrasound to women seeking abortions. The judgment of the district court holding that this compelled speech provision violates the First Amendment is affirmed, where: 1) the compelled speech is ideological in intent and in kind; and 2) the requirements of the statute here compromise physicians' free speech rights, professional judgment, patient autonomy, and other important state interests, and exceed what is proper to promote the protection of fetal life.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Wilkinson

Court

• United States Fourth Circuit

Counsel