Home
/
RELIGION & LIBERTY ONLINE
/
6 Quotes: Free speech and the Supreme Court’s ruling in ‘NIFLA v. Becerra’
6 Quotes: Free speech and the Supreme Court’s ruling in ‘NIFLA v. Becerra’
Mar 28, 2026 11:20 AM

Earlier today the Supreme Court handed down a ruling inNIFLA v. Becerra, one of the most important free speech cases of the year.

Althoughthe case was a challenge to a California law that imposed two different sets of requirements on pro-life pregnancy centers, the ruling issued by the Court has broad implications for the free expression of almost all Americans.

Here are six quotes from the ruling that you should know about.

Justice Thomas: “Although the licensed notice is content-based, the Ninth Circuit did not apply strict scrutiny because it concluded that the notice regulates ‘professional speech.’ But this Court has never recognized ‘professional speech’ as a separate category of speech subject to different rules. Speech is not unprotected merely because it is uttered by professionals.”

Justice Thomas:“As defined by the courts of appeals, the professional-speech doctrine would cover a wide array of individuals—doctors, lawyers, nurses, physical therapists, truck drivers, bartenders, barbers, and many others.One court of appeals has even applied it to fortune tellers.All that is required to make something a ‘profession,’ according to these courts, is that it involves personalized services and requires a professional license from the State. But that gives the States unfettered power to reduce a group’s First Amendment rights by simply imposing a licensing requirement.”

Justice Thomas: “When the government polices the content of professional speech, it can fail to ‘preserve an uninhibited marketplace of ideas in which truth will ultimately prevail.’ If States could choose the protection that speech receives simply by requiring a license, they would have a powerful tool to impose “invidious discrimination of disfavored subjects.””

Justice Kennedy: “This law is a paradigmatic example of the serious threat presented when government seeks to impose its own message in the place of individual speech, thought, and expression. For here the State requires primarily pro-life pregnancy centers to promote the State’s own preferred message advertising abortions. pels individuals to contradict their most deeply held beliefs, beliefs grounded in basic philosophical, ethical, or religious precepts, or all of these.”

Justice Kennedy: “The California Legislature included in its official history the congratulatory statement that the Act was part of California’s legacy of “forward thinking.” But it is not forward thinking to force individuals to “be an instrument for fostering public adherence to an ideological point of view [they] fin[d] unacceptable.” (Wooley v. Maynard). It is forward thinking to begin by reading the First Amendment as ratified in 1791; to understand the history of authoritarian government as the Founders then knew it; to confirm that history since then shows how relentless authoritarian regimes are in their attempts to stifle free speech; and to carry those lessons onward as we seek to preserve and teach the necessity of freedom of speech for the generations e.”

Justice Kennedy: “Governments must not be allowed to force persons to express a message contrary to their deepest convictions. Freedom of speech secures freedom of thought and belief. This law imperils those liberties.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
UAW v. MoveOn.org, CAFE v. Cap-and-Trade
It happened last week. In response to Rep. John Dingell’s decision to hold of off consideration of an energy bill that would include new corporate average fuel economy, or CAFE, standards, instead favoring directly targeting greenhouse gas emissions: “That brought a warm response from MoveOn.org, the liberal group that picketed Dingell’s office Wednesday over his stance on global warming and fuel economy standards. At Dingell’s Ypsilanti office, about half a dozen MoveOn supporters received an unexpected e from roughly 60...
Government Gambling on the Poor
The National Center for Policy Analysis (NCPA) has published a paper titled, “Taxing the Poor: A Report on Tobacco, Alcohol, Gambling, and Other Taxes and Fees That Disproportionately Burden e Families” (PDF). The paper highlights state lotteries as particularly regressive taxes: “The dollar amount spent on the lottery by the e individuals (earning less than $10,000 annually) is twice as much as the highest earners (earning more than $100,000 annually).” I wrote a piece reacting to a poll with a...
Why Christian Education?
From Luther’s exposition of the mandment in his Treatise on Good Works (1520), alluding to King Manasseh’s actions in II Kings 21: What else is it but to sacrifice one’s own child to an idol and burn it when parents train their children more in the love of the world than in the love of God, and let their children go their own way and get burned up in worldly pleasure, love, enjoyment, lust, goods, and honor, but let God’s...
FDR’s Domestic Legacy
In yesterday’s WaPo, George F. Will assesses FDR’s domestic legacy, “Declaration of Dependence.” It’s not a pretty tale: “The war, not the New Deal, defeated the Depression. Franklin Roosevelt’s success was in altering the practice of American politics. This transformation was actually assisted by the misguided policies — including government-created uncertainties that paralyzed investors — that prolonged the Depression. This seemed to validate the notion that the crisis was permanent, so government must be forever hyperactive.” In a previous issue...
The Ultimate Live Earth Global Environmental Impact Assessment
e to the pilation of Live Earth links mentary on the Web!* Click on the "read more" and scroll on down for dozens of links on individual venues, news, great quotes, reports, religiously-related stuff, and Goregasms. Check here for updates over the next couple of days. Well, they may have gotten numbers on the web (good for the planet, no?), but the concert venues were a disaster except for London and Jersey and Rio. Can they blame it on the...
Miller on the Milk Wars
Henry I. Miller, a doctor and fellow at the Hoover Institution, author of The Frankenfood Myth, weighs in on the milks wars over the artificial hormone rBST. In “Don’t Cry Over rBST Milk,” Miller writes, “Bad-faith efforts by biotechnology opponents to portray rBST as untested or harmful, and to discourage its use, keep society from taking full advantage of a safe and useful product.” Whether or not scientific studies show that the use of rBST is as safe as not...
Speaking of Obligations…
“You are obliged to love your neighbor as yourself, and loving him, you ought to help him spiritually, with prayer, counseling him with words, and assisting him both spiritually and temporally, according to the need in which he may be, at least with your goodwill if you have nothing else.” —Catharine of Siena (1347–1380), from The Dialogue HT: Christian History & Biography ...
Cyprian of Carthage, On Works and Alms
Readings in Social Ethics: Cyprian of Carthage, On Works and Alms. Perseverance a work of divine providence: “But, moreover, what is that providence, and how great the clemency, that by a plan of salvation it is provided for us, that more abundant care should be taken for preserving man after he is already redeemed! (1).”The order or law of life for the believer: “For when the Lord at His advent had cured those wounds which Adam had borne, and had...
Vatican Statement on … Chocolate?
Well, not exactly. Althought Archbishop John Foley, President of the Pontifical Council for Social Communications—and a “self-proclaimed ‘chocoholic'”—did address a gathering of Nestle executives on the subject of the morality of advertising. Given that a conscientious parent can hardly watch even a daytime sporting event on TV with his children in light of the low moral quality of advertising, I’d say it’s a subject worthy of attention. A couple of Foley’s statements: It frankly surprises me that as women rightly...
Global Warming Consensus Alert: Hips Don’t Lie!
Well, I just got back from the Transformers movie (mini-review: pletely ridiculous, but it has Peter Cullen as the voice of Optimus Prime and lots of stuff blowing up, so it’s worth at least the matinee price, if you’re into that kind of thing), mowed the lawn (sorry – not carbon-neutral), and now I’ve stumbled upon the broadcast of Live Earth on Bravo. According to Al Gore, the concerts are not about fundraising, but are occurring simply to “raise awareness”...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved