Kelli Garcia, Senior Counsel

Last Wednesday, the Fourth Circuit Court of Appeals (PDF) upheld a district court decision finding that a Baltimore ordinance requiring limited service pregnancy centers, also known as crisis pregnancy centers (CPCs), to post completely factual information stating that they “do not provide or make referrals for abortion or birth control services” violated the CPCs’ right to free speech.

According to the Fourth Circuit, the notice would have been compelled speech that required CPCs “to participate in the City’s effort to tell pregnant women that abortions are available elsewhere as a morally acceptable alternative, contrary to the moral and religious beliefs of the Pregnancy Center.” The majority opinion privileges the beliefs of those who oppose abortion over the rights of women to get accurate information by declaring that a mere factual statement that CPCs do not provide or make referrals for abortion or contraceptive services is also a moral statement and endorsement of the opinion that abortions and contraception should be available.

This is false logic. A factual statement is not an endorsement and, in and of itself, does not carry a moral valence. After all, nothing is stopping a CPC from posting a sign stating that it does not endorse abortions or contraception next to the required notice. This sign could even be five times the size of the notice so that there wouldn’t be any confusion regarding the CPC’s moral position.

Before my daughter was born, I regularly exercised and ate a pretty healthy diet. I knew, of course, that I would have less time after I had a child, but I never imagined that as my daughter's fourth birthday approaches, I would still not have returned to a regular yoga practice and instead content myself with weekday walks between my husband's and my offices.