NASHVILLE, Tenn. (WTVF) — A portion of the Tennessee law that makes it a felony to recruit or transport a minor for an illegal abortion without parental consent has been partially blocked by a federal judge.
The judge ruled that the state cannot enforce the specific part of the law that refers to “recruitment” because it unconstitutionally restricts protected speech.
The ruling was a result of the June 2024 lawsuit by Tennessee State Representative Aftyn Behn, D-Nashville, and Nashville family law attorney Rachel Welty who argued that the law "is an unconstitutional restriction on their free speech and void for vagueness"
"Section 39-15-201 prohibits speech encouraging lawful abortion while allowing speech discouraging lawful abortion," the filing reads. "That is impermissible viewpoint discrimination, which the First Amendment rarely tolerates and does not tolerate here."
From co-plaintiff Rep. Aftyn Behn:
“We won this lawsuit on First Amendment grounds because the Constitution is clear—speech is protected. The court recognized that the government cannot silence us for offering support, sharing information, or speaking out about issues with which the Republican supermajority disagrees. This is a critical victory not just for Tennesseans but for anyone who believes in the right to speak freely without fear of state retaliation."
From co-plaintiff Rachel Welty:
“Free speech is one of the most basic rights that needs to be protected at all costs. With that comes the need to protect advocates and attorneys who help and guide others by giving them information and advice to help them better their lives. We are excited that this win may help reproductive justice workers in our state breathe easier knowing the work they do can continue to have positive impacts on others without the risks of personal liability.”
From Co-Counsel Daniel Horwtiz:
“Judge Gibbons' thoughtful and well-reasoned opinion protects the right of all Tennesseans to share truthful information about abortion without fear that crusading prosecutors will try to punish them criminally for doing so. It also affirms that the government has no authority to enact overbroad laws that criminalize pure speech based on the government’s disagreement with a speaker’s point of view. This is a major victory for Ms. Welty, Representative Behn, and all Tennesseans who believe that the government has no right to prosecute citizens for sharing truthful information.”
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- Rebecca Schleicher
