Abortion and Compelled Physician Speech

  title={Abortion and Compelled Physician Speech},
  author={David Orentlicher},
  journal={The Journal of Law, Medicine \& Ethics},
  pages={21 - 9}
  • D. Orentlicher
  • Published 2015
  • Sociology, Medicine
  • The Journal of Law, Medicine & Ethics
As states increasingly impose informed consent mandates on abortion providers, the required disclosures bring two well-established legal doctrines into conflict — the First Amendment’s freedom of speech and the physician’s duty to obtain informed consent. On one hand, the First Amendment provides for a broad freedom of speech, under which government may neither prevent people from voicing their own views, nor compel individuals to voice the government’s views. As the Supreme Court observed in… Expand
The Disappearing First Amendment
The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not inExpand
Assessing the impact of supply-side abortion regulations in the United States
Abortion rates are at historic lows in the United States while restrictive abortion policies increase contemporaneously, prompting questions about how much of the decline in abortion is attributableExpand
Constitutional Regulation of Speech (and False Beliefs) in Health Care.
A constitutional doctrine of false speech and professional speech, whereby government can restrict professionals' false beliefs or impose its own false beliefs on professionals, can have an important influence on health care practice. Expand


Informed Consent to Abortion: A First Amendment Analysis of Compelled Physician Speech
This lecture argues that although the state may freely regulate physician speech as part of its regulation of the practice of medicine, First Amendment questions are raised by (at least) two forms of such regulation. Expand
The Abortion Informed Consent Debate: More Light, Less Heat
One of the most notable developments in American abortion policy is the expansion of state abortion informed consent policies. South Dakota, for example, now requires physicians to state that theExpand
From Double Standard to Double Bind : Informed Choice in Abortion Law
In Gonzales v. Carhart,1 the Supreme Court upheld the constitutionality of the Partial-Birth Abortion Ban Act of 2003,2 a federal law punishing physicians who intentionally perform a specificExpand
Abortion and Informed Consent: How Biased Counseling Laws Mandate Violations of Medical Ethics
More than half of the states place unique requirements on legally effective informed consent for abortion, requirements that are more stringent than those applicable to all other medical procedures.Expand
The Right to Informed Choice: A Defense of the Texas Sonogram Law
This article provides a legal analysis of the recent Texas law which mandates pre-abortion sonograms. It also explains how the law is similar to other, well-recognized uses of government authorityExpand
The Commercial Speech Doctrine in Health Regulation: The Clash between the Public Interest in a Robust First Amendment and the Public Interest in Effective Protection from Harm
  • D. Orentlicher
  • Medicine, Sociology
  • American Journal of Law & Medicine
  • 2011
In Abigail Alliance, a three-judge panel in the U.S. Court of Appeals for the D.C. Circuit overrode FDA regulations to recognize a constitutional right of access for patients to experimental chemotherapy. Expand
Seeing and Believing: Mandatory Ultrasound and the Path to a Protected Choice
It is argued that while a welcome and rewarding experience in the context of wanted pregnancies, ultrasound becomes pernicious when required by law in connection with abortion. Expand
The impact of routine inquiry laws on organ donation.
Survey data is reported that assess the impact of these new state and federal routine inquiry laws on organ donation. Expand
First-trimester surgical abortion practices: a survey of National Abortion Federation members.
Most perioperative practices for first-trimester abortions are similar among National Abortion Federation members, in accord with evidence-based guidelines, and the aging of skilled practitioners raises concerns about the future availability of surgical abortion. Expand
The FDA's graphic tobacco warnings and the first amendment.
As the Supreme Court has broadened corporate freedom to advertise, it has narrowed governmental power to preserve the public's health. The fate of the FDA-mandated graphic cigarette warnings isExpand