Federal judge blocks part of Tennessee's "abortion trafficking" law
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A federal judge struck down a key pillar of Tennessee's so-called "abortion trafficking" law, saying it violated First Amendment speech protections.
Why it matters: The judge's July 18 ruling strikes down the "recruitment" section of the 2024 law, which made it illegal for adults to "recruit" minors to get legal, out-of-state abortions.
- The case highlights how speech has become a new battleground in the abortion debate.
Catch up quick: State Rep. Aftyn Behn (D-Nashville) and Nashville attorney Rachel Welty sued to block the law, arguing the "recruitment" section could broadly block their efforts to share information about how to obtain legal abortions in other states.
- They said the law unconstitutionally criminalized their speech based on their viewpoints.
- The court agreed, cementing an earlier preliminary injunction that temporarily blocked the law while legal arguments took place.
Yes, but: Other prongs of the law making it illegal to help transport or provide shelter for a minor seeking an abortion remain in place.
Context: Tennessee banned abortions in 2022, soon after the U.S. Supreme Court overturned Roe v. Wade. The state ban only allows for narrow exceptions if the mother's life is in danger.
What she's saying: Tennessee's 2024 law "prohibits speech encouraging lawful abortion while allowing speech discouraging lawful abortion. That is impermissible viewpoint discrimination, which the First Amendment rarely tolerates — and does not tolerate here," senior U.S. Circuit Judge Julia Gibbons wrote.
- She said the "recruitment" provision was "'an egregious form of content discrimination' that punishes speech based on 'the opinion or perspective of the speaker.'"
- Gibbons added that "public advocacy, information-sharing, and counseling" about obtaining legal abortions outside of Tennessee were protected forms of speech.
Between the lines: Gibbons, who heard the case in Nashville's federal district court, previously served as a judge on the Sixth Circuit Court of Appeals. She was appointed by former President George W. Bush.
Zoom out: Attorney Daniel Horwitz, who represented Behn and Welty, said the ruling "protects the right of all Tennesseans to share truthful information about abortion without fear that crusading prosecutors will try to punish them criminally for doing so."
The other side: Tennessee Attorney General Jonathan Skrmetti's office did not immediately respond to a request for comment.