Nifla

National Institute of Family & Life Advocates v. Harris

Good Law
839 F.3d 823·2016 WL 5956734·2016 U.S. App. LEXIS 18515
United States Court of Appeals for the Ninth CircuitOctober 14, 201616-55249California9,166 words

Opinion

Opinion

Nelson, J.

The National Institute of Family and Life Advocates, et al. appeal from the district court’s denial of them motion for a preliminary injunction to prevent the enforcement of the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (the FACT Act or the Act). The Act requires that licensed pregnancy-related climes disseminate a notice stating the existence of pub licly-funded family-planning services, including contraception and abortion. The Act also requires that unlicensed clinics disseminate a notice stating that they are not licensed. by the State of California. Appellants allege that the Act violates their fundamental rights, including their First Amendment guarantees to free speech and the free exercise of religion.

We affirm the district court’s denial of Appellants’ motion for a preliminary ■ injunction. For the free speech claim, we conclude that the proper level of scrutiny to apply to the Act’s regulation of licensed clinics is intermediate scrutiny, which it survives. With respect to unlicensed clinics, we conclude that the Act survives, any level of scrutiny. For the free exercise claim, we conclude that the Act is a…

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