A win for pro-life speech rights in New York

A federal judge ruled last Tuesday that two New York pregnancy help organizations can freely share information about abortion pill reversal while their lawsuit against the state’s attorney general is underway. The ruling from the Western District Court of New York temporarily upholds these pro-life ministries’ First Amendment rights.

The organizations say New York Attorney General Letitia James has threatened and silenced pregnancy centers’ constitutionally protected speech about abortion pill reversal. The medical treatment uses progesterone to block the effects of the abortion drug mifepristone.

Pro-abortion groups claim that progesterone treatments are experimental and unsafe for women. However, pro-lifers argue that progesterone has numerous studies backing it up and that it has saved thousands of babies.

In early May, James sent a notice of her intent to sue 11 other faith-based pro-life pregnancy centers and a network of affiliates for allegedly sharing “false and misleading” information about the progesterone treatment. James, an outspoken supporter of pro-abortion policies, claimed the centers had committed commercial fraud and violated New York’s business statutes.

In August, the pregnancy centers, Summit Life Outreach Center and The Evergreen Association, filed a lawsuit against James. Though the two ministries have not received direct threats from the attorney general, they allege her actions have pushed them to avoid promoting abortion pill reversal online.

“The litigative sword of Damocles that hangs above their heads has chilled their speech and forced them to discontinue communicating the science of APR,” the lawsuit said. “James’ years-long campaign of intimidation against pro-lifers creates considerable ‘risk of catastrophic harm’ that [the centers] could soon suffer.”

As a part of the suit, the centers asked a judge to temporarily allow them to continue promoting the medical treatment without fear while their case progresses.

The ruling gives the centers more opportunities to promote the “life-affirming” and “lifesaving” option, said Barbara Bidak, executive director of Summit Life in a statement.

It’s not the government’s role to direct what organizations can or can’t say on “issues of grave public concern” like this, said Peter Breen, executive vice president and head of litigation at Thomas More Society, which represents the centers. He added that James has no facts to prove how speech about abortion pill reversal misleads people.

The judge’s ruling indicates that the centers are likely to win their case, Breen said. Though the case still has to go through the discovery process and later to trial, he said the facts are unlikely to change.

James’ threats against pregnancy centers have resulted in a slew of lawsuits against her across the state. In April, several of the organizations that James directly threatened, along with a few other centers, filed a joint lawsuit in New York’s Supreme Court against the attorney general. James attempted to move the case to Manhattan, which would be more costly and difficult for many of the centers to get to, Breen said. In May, a judge ruled that the case would stay in Monroe County.

In late May, the National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center sued James. A judge granted the organizations a temporary ruling in August, allowing them to promote abortion pill reversal for the time being.

Outside of New York, other pregnancy centers are facing similar “frivolous” inquiries and lawsuits, Breen said. Attorney generals in multiple states are attempting to “harass these small nonprofits into silence and compliance,” he added.

Last year, California Attorney General Rob Bonta sued Heartbeat International and RealOptions Obria Medical Clinics for their advocacy for abortion pill reversal. Thomas More Society attorneys asked the California Superior Court to throw out the lawsuit in February.

In 2023, pregnancy centers in Illinois received a win when Attorney General Kwame Raoul agreed to stop enforcing a law that declared pro-life speech to be a “deceptive business practice.”

All wins in cases like these, whether it’s a big victory in Illinois or temporary wins in New York, are vital, Breen said. He urged pregnancy centers to continue to fight for their right to speak.

“If you can win these cases, you start to build momentum that other courts will look at this and come to the same conclusion,” Breen said. “By fighting these battles vigorously, by getting these victories, you can force the offending government official to just stop.”