The US Supreme Court granted certiorari in three cases Monday, including two First Amendment cases and a question of whether probable cause defeats a retaliatory-arrest claim.
National Institute of Family and Life Advocates v. Becerra challenges California’s Reproductive FACT Act [text], which requires pregnancy resource centers to post notices that encourage women to contact the state to receive information on free or low-cost abortions. NIFLA, a national network of non-profit pro-life pregnancy centers, argues that the Act is a violation of the Free Speech Clause or the Free Exercise Clause of the First Amendment [text], which, NIFLA argues should prohibit California from compelling licensed pro-life centers to post information on how to obtain a state-funded abortion and from compelling unlicensed pro-life centers to disseminate a disclaimer to clients.
Minnesota Voters Alliance v. Manskychallenges a Minnesota ban on political apparel at polling places. In November 2010, the alliance’s executive director Andrew Cilek was prevented from voting because he was wearing a Tea Party shirt, as well as a button promoting efforts to require voters to show photo ID. After the election, the organization filed suit. The lower courts rejected the group’s claim that this ban was a violation of voters’ First Amendment rights.