The First Amendment and Physician Speech in Reproductive Decision Making

Journal of Law, Medicine and Ethics 43 (1):22-34 (2015)
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Abstract

Courts are divided as to whether abortion informed consent mandates violate the First Amendment. This article argues that given the doctor's and patient's unique expertise, the patient's strong interests in autonomous decision making, and the fact that these laws regulate speech, rather than conduct, heighted or strict scrutiny should apply to such mandates

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