The No Public Funds for Abortion Act prohibits the use of public funds to “promote” or “counsel” in favor of abortion. Professors across Idaho’s publicly-funded universities say that this stifles both lessons on abortion andSix Idaho professors and two teachers’ unions sued on Tuesday, saying that the law violates their free speech rights by suppressing academic speech in relation to abortion.
The lawsuit also says that the NPFAA violates the due process clause of the 14th Amendment by failing to properly define what it means to “promote” or “counsel” on abortion. The law’s vague terminology makes it impossible for an ordinary person to understand what is and isn’t allowed, the ACLU says, meaning that interpretation of the law could be extremely broad.
“For example, these terms could potentially encompass discussions about proposed legislation to scale back Idaho’s criminalization of abortion; objective public health data or statistical analyses that imply advantages to abortion access; or discussion of medical, social, or familial circumstances where abortion might improve health outcomes,” the ACLU
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