Boston College Law Review Volume 62 Issue 6 Article 8 6-29-2021 The Right to Remain Silent: Abortion and Compelled Physician Speech J. Aidan Lang Boston College Law School Follow this and additional works at: https://lawdigitalcommons.bc.edu/bclr Part of the Constitutional Law Commons, First Amendment Commons, Health Law and Policy Commons, Litigation Commons, and the Medical Jurisprudence Commons Recommended Citation J. A. Lang, The Right to Remain Silent: Abortion and Compelled Physician Speech, 62 B.C. L. Rev. 2091 (2021), https://lawdigitalcommons.bc.edu/bclr/vol62/iss6/8 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. THE RIGHT TO REMAIN SILENT: ABORTION AND COMPELLED PHYSICIAN SPEECH Abstract: Across the country, courts have confronted the question of whether laws requiring physicians to display ultrasound images of fetuses and describe the human features violate the First Amendment to the U.S. Constitution. On April 5, 2019, in EMW Women’s Surgical Center, P.S.C. v. Beshear, the U.S. Court of Appeals for the Sixth Circuit joined the Fifth Circuit and upheld Ken- tucky’s law, thus rejecting a physician’s free speech challenge. The Supreme Court declined to review this decision without providing an explanation. The Sixth Circuit became the third federal appellate court to rule on such regulations, often referred to as “ultrasound narration laws” or “display and describe laws,” and joined the Fifth Circuit in upholding such a law against a First Amendment challenge.