On First Amendment grounds, U.S. Circuit Judge Julia Gibbons today permanently blocked a portion of a Tennessee law that makes it a felony to recruit or transport a minor for an unlawful abortion without parental consent. Judge Gibbons’ decision mirrored that of U.S. District Court Judge Aleta Trauger who, in September 2024 temporarily blocked enforcement of HB1895/SB1971, known as the Underage Abortion Trafficking Act.
“Because abortion is generally illegal in Tennessee, the state may constitutionally punish speech made in direct furtherance of in-state abortion,” Judge Gibbons held. ”The state may not, however, criminalize speech recruiting a minor to procure a legal abortion in another state.”
She further wrote, “Tennessee cannot criminalize ‘disseminating information about an activity that is legal in another state,’” adding “That is impermissible viewpoint discrimination, which the First Amendment rarely tolerates — and does not tolerate here.”
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When pro-life Gov. Bill Lee signed the bill on May 29, 2024, which passed overwhelmingly in the House and Senate, supporters emphasized that it aimed to protect minors by involving parents in critical decisions regarding their daughters’ wellbeing. It made it a crime for any adult to recruit, harbor, or transport a minor for the purpose of obtaining an abortion or abortion-inducing chemicals without parental consent.
The law is more important than ever with the likes of Planned Parenthood looking for ways to circumvent the laws of pro-life states.
“Passage of the Underage Abortion Trafficking Act is a victory for Tennessee parents and their daughters.” said Tennessee Right to Life lobbyist, Will Brewer. “This law will go a long way in protecting young girls from predators who want to cover their crimes and from an abortion industry that exploits young girls for profit.”
But not if Judge Gibbons’ opinion holds sway.
In June 2024, Tennessee State Representative Aftyn Behn, D-Nashville and Nashville family law attorney Rachel Welty filed a lawsuit before the law took effect. They argued that the language barring anyone from “recruiting” minors constituted content and viewpoint discrimination, which is prohibited under the First Amendment.
NRLC General Counsel James Bopp, Jr,. developed the model legislation on which the bill is based. Last year he was interviewed by Angele Lathan of the Jackson Sun. Bopp said concerns over vagueness over the word “recruit” are unfounded.
“There are all sorts of words that are used in statutes that are not defined. So that’s just complete B.S. If their argument is there’s not a definition in state law, then you look to the common dictionary definition,” Bopp told Lathan. “The Supreme Court, most of the time, is looking at dictionaries to determine the meaning of words that are in statutes and have never struck down a statute based on vagueness, because a word was not defined in a statute.”
LifeNews.com Note: Dave Andrusko is the editor of National Right to Life News and an author and editor of several books on abortion topics. He frequently writes Today’s News and Views — an online opinion column on pro-life issues.
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Author: Dave Andrusko
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