New York pregnancy centers stand for free speech at 2nd Circuit

WHO:  Alliance Defending Freedom attorneys

WHAT:  Available for media interviews following oral argument in National Institute for Family and Life Advocates v. James

WHEN:  Immediately following hearing, which begins at 10 a.m. EDT, Tuesday, June 24

WHERE:  U.S. Court of Appeals for the 2nd Circuit, 40 Foley Square, New York; Courtroom 1703; or watch the livestream. To schedule an interview, contact ADF Media Relations Manager Bernadette Tasy at (480) 356-0324.

NEW YORK – Alliance Defending Freedom attorneys representing two nonprofit pregnancy centers and a nonprofit network of affiliated centers will be available for media interviews following oral argument Tuesday at the U.S. Court of Appeals for the 2nd Circuit in National Institute for Family and Life Advocates v. James.

Last year, New York Attorney General Letitia James sued 11 faith-based, life-affirming pregnancy centers in state court in an effort to silence their speech about counteracting the effects of the abortion drug mifepristone using supplemental progesterone, a treatment commonly known as “abortion-pill reversal.” Her enforcement action alleges—despite contrary evidence—that those centers are spreading “false and misleading” information in violation of state business fraud laws.

“Many women regret their abortions, and some change their minds after taking the first abortion drug and want to try to save their unborn babies’ lives. They should be allowed to hear about this option and make that choice,” said ADF Senior Counsel Caroline Lindsay, who will be arguing before the court. “Right now, women in New York have access to information about safe and effective supplemental progesterone through their local pregnancy centers, but the attorney general is trying to limit women’s choices by taking that access away. The First Amendment prohibits such censorship and makes clear that Letitia James can’t deny women the opportunity to hear about this potentially life-saving option.”

In August 2024, the National Institute of Family and Life Advocates, Gianna’s House, and Options Care Center—who had ceased advocating for Abortion Pill Reversal to avoid prosecution—sued in federal court to protect their First Amendment right to tell women about the life-saving potential of supplemental progesterone. A federal district court ruled in their favor, halting the attorney general from violating their constitutional right to freedom of speech while the case proceeded. James then appealed to the 2nd Circuit.

Progesterone is a safe and naturally occurring hormone that can be used to counteract the life-ending effects of mifepristone when taken in time. The body naturally produces progesterone to sustain pregnancy, and medical professionals have safely and effectively used it for decades to prevent miscarriage and preterm labor.

Multiple studies support the information the centers wish to provide women. Statistics show that abortion-pill reversal has likely saved more than 7,000 unborn lives, and current research demonstrates a success rate of up to 64-68%. Yet James is trying to censor speech about the life-saving treatment by targeting pregnancy centers based on the content and viewpoint of their speech. ADF attorneys explain that such actions violate the centers’ freedom of speech.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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