A federal judge has ruled that a Tennessee law restricting minors from sharing information about legal, out-of-state abortions violates the First Amendment. This decision was made on Friday by U.S. Senior Circuit Judge Julia Gibbons, who characterized the law as showing “unacceptable perspective discrimination” and noted that it criminalizes only one side of the abortion discourse.
Judge Gibbons pointed out that the law simultaneously “prohibits speeches encouraging legal abortion while supporting legal abortion.” She was appointed to handle this Nashville case after several other judges recused themselves.
Yet, the future of the law remains uncertain. In November, Tennessee’s Attorney General filed an appeal against a previous ruling that had halted the law’s implementation. This appeal is currently under consideration by the Sixth Circuit Court of Appeals, which is waiting to make a decision.
The law, which gained backing from GOP lawmakers and Governor Bill Lee in 2024, has sparked a response from abortion rights activists both within and outside Tennessee, who have been providing information and financial assistance to those seeking abortions in states where they are legal.
This lawsuit was filed by State Assemblyman Aftin Bain, a Nashville Democrat and social worker who has been outspoken about abortion rights, alongside Nashville attorney Rachel Welty, who identifies as “a defender of safe and healthy access to abortion.” They are represented by Nashville lawyers Daniel Holwitz, Melissa Dix, and Sarah Martin.