The brewing fight to keep abortion info online

6/25/2022 4:30:00 PM

The brewing fight to keep abortion info online

The brewing fight to keep abortion info online

The end of Roe adds new stakes to a long-running debate.

about the subject. Broad terms like “hosting” would even seemingly let states go after internet infrastructure providers that support sites like Plan C or social networks that they use to spread information.Civil liberties advocates assert that this would be unconstitutional. “This kind of legislation raises serious First Amendment concerns,” said Knight First Amendment Institute executive director Jameel Jaffer. “We intend to consider challenging any legislation that uses today’s Supreme Court decision as a justification for new limitations on protected speech, or new forms of surveillance.”

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Broad terms like “hosting” would even seemingly let states go after internet infrastructure providers that support sites like Plan C or social networks that they use to spread information. Civil liberties advocates assert that this would be unconstitutional. Justice Harry A. “This kind of legislation raises serious First Amendment concerns,” said Knight First Amendment Institute executive director Jameel Jaffer. Blackman wrote the majority opinion that found in a 7-2 ruling that Texas had violated McCorvey’s constitutional right to privacy. “We intend to consider challenging any legislation that uses today’s Supreme Court decision as a justification for new limitations on protected speech, or new forms of surveillance. Individuals have protected areas or zones of privacy that encompassed abortion, the justices found.” Motivated prosecutors may still try to punish outlets that share information, arguing that the material is specifically intended to help others break the law, and drag them into expensive and protracted legal cases even if they ultimately prevail. Against the desires of politicians who were nominally supportive of its cause, the preferences of substantial portions of American conservatism’s donor class.

“Explaining what abortion is, where you can get one, advocating for a person’s right or ability to get an abortion — all these things are general truthful information that cannot be prosecuted without violating the First Amendment,” says ACLU counsel Jennifer Granick. A key was whether a fetus could survive outside a woman’s womb. A key was whether a fetus could survive outside a woman’s womb. “The risk is that prosecutors will take those private conversations where people are exchanging information and try to cast those as criminal encounters. And that will be something that we’re going to probably end up having to fight. The decision struck down laws that banned abortions before the point when a fetus can survive.” Section 230 faces increasing challenges from both parties, but the end of Roe adds new stakes Activists and health care providers have an incentive to fight these battles — but the digital platforms they use might not.  When Is Fetal Viability? At the time of the ruling in 1973, what is called fetal viability was at about 28 weeks. Opponents of legal abortion could threaten any company involved in hosting speech with lawsuits if they allow abortion-related communications. Medical advances since then have pushed the point to about 24 weeks. More, the pro-life movement has had to succeed twice.

Potential targets range from social networks like Facebook, where it’s easy to connect with people seeking abortions, to infrastructure providers like content delivery networks (CDNs), which provide critical logistical support for independent websites. Right now, platforms have an easy answer to threats: Section 230 of the Communications Decency Act. Wade used trimesters to determine when a pregnancy could be regulated. Wade used trimesters to determine when a pregnancy could be regulated. Section 230 shields apps and websites from being considered the “publisher or speaker” of user-generated content, protecting them from liability over hosting it. Unlike a First Amendment defense, it doesn’t require fighting over whether the content in question is illegal, reducing the legal burden of lawsuits. In the second, ones to protect a woman’s health were permitted, while in the third, abortions bans were allowed except if a mother’s life or health were at jeopardy. “The thing about Section 230 is you don’t have to demonstrate that it’s First Amendment protected speech, which can take a long, long time sometimes in litigation,” says Granick.  A 1992 case, rejected the trimester framework but left the core of Roe v. Casey, their decision clearly aspired to be a permanent settlement, a call to end “a national controversy” with “a common mandate rooted in the Constitution.

There’s an exception for conduct that violates federal criminal law, but not violations of state laws like the current abortion bans. Wade intact. Still, Section 230 has .