Alliance Defending Freedom (ADF) on Wednesday filed suit against California Attorney General Rob Bonta for censoring information that would help women who have started the chemical abortion process to potentially save their unborn children through abortion pill reversal (APR).
“We are urging the court to affirm the pregnancy centers’ freedom to tell the public about this lawful, life-saving treatment,” said Caleb Dalton, senior counsel at ADF, which is representing the National Institute of Family and Life Advocates (NIFLA) and SCV Pregnancy Center in the suit.
The first medication in the chemical abortion regimen, mifepristone, blocks progesterone, a necessary pregnancy hormone. But if a mother takes mifepristone and regrets it, or is forced or coerced into taking it, there is a chance the baby can be saved if she receives progesterone treatment within 72 hours and has not already taken the second drug in the regimen, misoprostol. Thousands of children have been saved through APR, which one study has shown to have a 64-68% success rate.
In September 2023, Bonta filed a complaint based on California’s Unfair Competition Law against Heartbeat International and RealOptions, nonprofits that support networks of pro-life pregnancy centers, threatening the speech of pro-life pregnancy centers statewide.
California’s Unfair Competition Law prohibits any “unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising,” according to court documents. However, unfair, deceptive, misleading and other terms are not defined in the law; additionally, it grants the attorney general authority to prosecute alleged violations and to determine what evidence is enough to allege a violation.
Bonta alleged the pro-life organizations violated the Unfair Competition statute, targeting language—which the pro-life groups say is scientifically verified—which included:
- Use of the term reverse or reversal.
- “We are here to help. It may not be too late.”
- Saying that “APR has been shown to increase the chances of allowing the pregnancy to continue” and that studies have shown a 64-68% success rate.
- Saying that APR has saved over 2,000 lives.
Bonta has not identified any person who has been harmed or misled by any of the statements he has attacked. His lawsuit against these centers threatens other pro-life pregnancy centers’ freedom of speech to inform women of their option to potentially save their pregnancies.
NIFLA and SCV Pregnancy Center, in response to Bonta’s lawsuit against Heartbeat International and RealOptions, have had to remove statements and refrain from making statements about APR. Both plaintiffs’ beliefs are rooted in their Christian faith and belief that human life begins at conception.
ADF claims that Bonta violated NIFLA and SCV’s freedom of speech by attempting to censor science-backed statements regarding progesterone treatment. They argue he engaged in content- and viewpoint-based discrimination by censoring pro-life pregnancy centers with no substantial evidence that their advertising is misleading simply because he disagrees with their viewpoint, and is selectively enforcing the law to combat pro-life pregnancy centers.
ADF also argues that the pregnancy centers’ publishing of information on APR is rooted in their Christian beliefs, and that Bonta’s actions burden their free exercise of religion.
“Access to information is a hallmark of a free society and is essential to making informed medical choices,” Dalton said. “But California’s attorney general is silencing pregnancy centers and censoring information about life-saving medical options. Attorney General Bonta and his allies at Planned Parenthood may not like it, but the truth is that many women regret their abortions, and some seek to stop the effects of chemical abortion drugs before taking the second drug in the abortion drug process. Women deserve to know all their options every step of the way.”
Photo; Alamy.com