Clinic for Women v. Brizzi
North Eastern Reporter, 2d Series, 2004; 814: 1042-1060
Court Decision: 814 North Eastern Reporter, 2d Series 1042; 17 September 2004 (date of decision). The Court of Appeals of Indiana held that the suit by a women's clinic to enjoin the enforcement of an Indiana abortion law stated a valid claim with respect to violation of the constitutional right to privacy, and also held that the abortion law did not violate a constitutional right to freedom of speech. The Clinic for Women brought an action to enjoin the enforcement of an Indiana abortion law containing an informed consent and "two-trip" requirement on the grounds that the law was unconstitutional. A lower court dismissed the suit for failure to state a claim. The Indiana Court of Appeals held that Indiana recognizes a right to privacy and remanded the case to a lower court to decide whether the "two trip requirement" materially burdened a woman's right to privacy. The clinic also claimed that the abortion law's informed consent requirement violated a constitutional right to freedom of speech because it compelled physicians to speak the state's message. The court first found that the right to freedom of speech includes a right to refrain from speaking, also known as a right against compelled speech. But because the statute's informed consent requirement bore a reasonable and substantial relation to the legitimate state interest of promoting the health, safety, and welfare of women seeking an abortion, the court held that the informed consent requirement was a reasonable exercise of the state's police power and therefore did not violate the right to free speech.
Indiana. Court of Appeals
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