Federal Court Blocks Tennessee Ban on Advising Minors About Out-of-State Abortions

A federal court in Tennessee has permanently blocked enforcement of a law that criminalizes advising or "recruiting" minors to obtain abortions out of state, ruling it unconstitutional under the First Amendment. The law made it a felony to recruit or transport minors for abortions that would be illegal in Tennessee, including legal abortions in other states, but the court found this provision impermissibly restricts free speech based on viewpoint discrimination. Senior Judge Julia S. Gibbons emphasized that while Tennessee may punish speech directly encouraging illegal in-state abortions, it cannot criminalize speech about legal out-of-state abortions or information sharing about accessing such care. The lawsuit, filed by abortion advocate Rachel Welty and state Representative Aftyn Behn, challenged the vague wording of the law, particularly the undefined term "recruit," which could penalize ordinary conversations or counseling. The court highlighted that protected speech includes public advocacy or counseling that directs minors to lawful abortion options outside Tennessee, recognizing the importance of First Amendment protections. The ruling underscores that family members beyond parents or guardians could have been unfairly targeted under the law, and the court’s decision enjoins Tennessee from enforcing this unconstitutional restriction.