US Edition
Part of state 'abortion trafficking' ban struck down in federal court
DAVIDSON COUNTY, TENNESSEE, JUL 21 – U.S. Circuit Judge Julia Gibbons permanently blocked Tennessee’s law criminalizing speech about abortion for minors, citing unconstitutional restrictions on free speech and viewpoint discrimination.
- U.S. Circuit Judge Julia Gibbons blocked enforcement of Tennessee's 2024 abortion trafficking law provision criminalizing recruiting minors for out-of-state abortions without parental consent.
- The law, enacted by Republican Gov. Bill Lee and the GOP legislature, aimed to prevent adults from recruiting, harboring, or transporting minors for abortions outside Tennessee.
- Gibbons ruled the recruitment provision impermissibly restricts free speech by criminalizing sharing information that encourages lawful abortion while permitting speech discouraging it.
- Judge Gibbons permanently granted summary judgment for plaintiffs Rep. Aftyn Behn and attorney Rachel Welty, affirming that the law was vague and unconstitutional under the First Amendment.
- The ruling protects the ability of Tennessee residents to communicate freely regarding abortion services available in other states, while still permitting the state to enforce laws against physically transporting minors for abortion, highlighting continuing legal disputes.
11 Articles
11 Articles
Federal judge blocks Tennessee law making it crime to aid minors seeking out-of-state abortions
The Fred D. Thompson Federal Courthouse in Nashville (Photo: John Partipilo) A Tennessee law that bars adults from giving information to minors about legal, out-of-state abortions violates the First Amendment and cannot be enforced, a federal judge ruled Friday. Senior United States Circuit Judge Julia Gibbons called the 2024 law “impermissible viewpoint discrimination,” writing that it criminalizes only one side of the speech about abortion. Th…
Judge Blocks Tennessee Law to Stop Trafficking Minors for Secret Out of State Abortions
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 gene…
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