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15 N.Y.U. Rev. L. & Soc. Change 547 (1986-1987)
Challenging Fake Abortion Clinics: Protecting Women's Privacy Interests without Violating the First Amendment

handle is hein.journals/nyuls15 and id is 569 raw text is: CHALLENGING FAKE ABORTION CLINICS: PROTECTING WOMEN'S PRIVACY INTERESTS WITHOUT VIOLATING THE FIRST AMENDMENT Introduction ........................................................ 547 I. The Need to Regulate Fake Abortion Clinics ................... 550 A. Fake Abortion Clinics' Deceptive and Coercive Nature ..... 551 B. Fake Abortion Clinics' Threat to Women's Privacy Interests ............................................. 555 C. Litigation Challenging Fake Abortion Clinics ............... 558 II. Enforcement of State Deceptive Business Practice Statutes Does Not Violate the First Amendment .............................. 561 A. The Degree of Constitutional Protection Provided Fake Abortion Clinic Advertising ............................... 561 B. The Constitutionality of Regulation of Fake Abortion Clinic Advertising Under Commercial Speech Standards ........... 567 C. Remedies for Violations of Deceptive Business Practice Statutes ................................................... 570 III. Toward Federal Action ........................................ 572 A. Federal Legislation Specifically Proscribing the Deceptive Business Practices of Fake Abortion Clinics ................ 575 B. Benefits of Federal Legislation ............................. 578 Conclusion .......................................................... 579 INTRODUCTION In the years after the Supreme Court legalized abortion, anti-abortion groups have remobilized and have developed new, aggressive tactics to prevent women from exercising their constitutional right to end their pregnancy.' Re- alizing the difficulty of changing the law in the near future, these groups have instead focused on stopping individual abortions, feeling that they are saving lives.2 Their tactics have included picketing, frightening and intimidating women from entering abortion clinics, and, at times, bombing clinics.3 Copyright © 1988 by Julie A. Mertus 1. J. SCHEIDLER, CLOSED: 99 WVAYS TO STOP ABORTIONS (1985); AMERICAN CIVIL LIB- ERTIES UNION, PRESERVING THE RIGHT TO CHOOSE 4-8 (1986). Copies of all briefs, affidavits, complaints, manuals and other related material cited in this Note are on file at the Review of Law & Social Change. 2. Donovan, The Holy War, 17 FAM. PLAN. PERSP. 5 (1985). 3. Violence has been directed at clinics throughout the country. See N.Y. Times, May 19, 1987, at B8, col. 5 (Philadelphia); N.Y. Times, Oct. 30, 1986, at B7, col. 3 (New York); N.Y. Times, Dec. 4, 1986, at A32, col. 6 (Kalamazoo, Mich.); N.Y. Times, June 17, 1986, at A21, 547 Imaged with the Permission of N.Y.U. Review of Law and Social Change

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