A NY Sun article explains:
A New York congresswoman’s proposal to have the federal government regulate advertising for abortion counseling services has won the support of the American Civil Liberties Union, despite warnings from other civil libertarians that the measure is unconstitutional and unwise.
Rep. Carolyn Maloney, a Democrat who represents parts of Manhattan and Queens, introduced legislation yesterday aimed at cracking down on so-called crisis pregnancy centers, which are operated by anti-abortion groups and encourage pregnant women to consider other options.
The article also notes:
…A law professor who specializes in First Amendment issues, Eugene Volokh, said he was surprised by the ACLU’s stance in favor of the bill. “It’s pretty striking to see the ACLU, which stands for very, very broad free speech protection, actually backing a new speech restriction,” the professor said. “Proposing a new restriction on misleading, non-commercial speech is a big step.” …
…Told of the ACLU’s stance on the bill, a former member of the organization’s board, Nat Hentoff, exclaimed, “My God, what about the First Amendment?”
Mr. Hentoff, who is anti-abortion, said the Federal Trade Commission should not wade into the perilous waters of the abortion debate. “When you have the state, with its power, deciding what is deceptive on something as thoroughly controversial as this, it goes against the very core, it seems to me, of the First Amendment,” he said. …
…Two constitutional scholars contacted by the Sun, Erwin Chemerinsky of Duke University and Burt Neuborne of New York University, said they thought the bill was constitutional. However, Mr. Neuborne, said he feared the legislation could cause more problems than its authors realize. “I would counsel against it. It’s just not a good idea,” he said. “When the government regulates speech, it screws it up.” …
…A Boston attorney active in the ACLU, Harvey Silverglate, said he feared how the Bush Administration might enforce such a rule. “It is just as easy to have a government hostile to abortion as it is to have a government truly interested in keeping it legal and keeping it safe,” he said. …
It sure would have been nice if the author had found a few female constitutional law experts to interview, but in any event, the full article is available here. Representative Maloney’s statement about the proposed legislation is available here, and the text of the bill itself, called the Stop Deceptive Advertising for Women’s Services Act (SDAWS), is accessible here.
(Thanks to law prof Eileen Kane of Penn State Dickinson for the article link.)
