First Resort, Inc. v. Herrera

Becket Role:
Counsel
Case Start Date:
November 16, 2011
Deciding Court:
U.S. Supreme Court
Original Court:
U.S. District Court for the Northern District of California
Practice Area(s):

Case Snapshot

Support Circle is a non-profit clinic and counseling center in the San Francisco Bay Area that provides pregnancy testing, ultrasounds, counseling, and support to women looking for resources as they face unplanned pregnancies. In 2011, the City of San Francisco passed a city ordinance that targeted pro-life pregnancy centers—and only pro-life pregnancy centers—for restrictions on their speech. Becket is representing Support Circle in their petition to the U.S. Supreme Court. 

Status

In June 2018, the Supreme Court declined to hear the case.

Case Summary

mission to care for women 

Support Circle is a non-profit clinic and counseling center dedicated to providing support for women facing unplanned pregnancies. At no cost to the women they serve, Support Circle has for decades provided pregnancy tests, ultrasounds, medical care, emotional support, and career counseling to women in the San Francisco Bay Area. Through the many services they offer, Support Circle seeks the well-being of each woman and child that comes to them for help. But because of their belief that abortion is harmful both to women and their unborn children, Support Circle does not offer or refer for abortions. This pro-life viewpoint has resulted in San Francisco trying to stop women in need from even finding out about Support Circle in the first place.  

City ordinance restricts speech—and women’s options 

 In 2011, the City of San Francisco introduced an ordinance that prohibits “limited services pregnancy centers” from making false or misleading statements about the services they offer. But there is hypocrisy built into the ordinance: Support Circle is considered a “limited service” pregnancy center because it does not provide or make referrals for abortion, yet centers that do not offer or refer for other services—like ultrasounds or adoption—are not considered “limited service” centers. Essentially, San Francisco created a one-sided false advertising law, targeting pro-life pregnancy centers, but not abortion providers, for restrictions on their speech. 

Worse, the City says that centers are violating its new ordinance if search engines like Google display their website when the terms “San Francisco” and “abortion” are entered into the search engine together. But Support Circle counsels women considering abortion, and also offers post-abortion counseling, while making clear to all women it serves that it does not offer or refer for abortions. The end result of the city’s ordinance is that women looking for information about abortion on the internet won’t get a chance to see the options available through Support Circle. Instead, they’ll hear only one side of the story—the abortion providers’ side.  

Becket defends free speech for all 

Women facing an unplanned pregnancy have a right to know all their options. And pro-life pregnancy centers have the right to attempt to reach women in need using the same online marketing tools available to every other organization, without being targeted for their viewpoint. 

Thus, in 2012, Support Circle sued the city to stop this unnecessary and unconstitutional ordinance. After a loss at the Ninth Circuit Court of Appeals, in February 2018, Support Circle appealed its case to the Supreme Court. Becket joins Locke Lord in defending Support Circle’s right to provide necessary options to women in need without being silenced for its pro-life views. 

In June 2018, the Supreme Court declined to hear the case.

On January 16, 2018 Becket filed a friend-of-the-court brief on behalf of Support Circle at the U.S. Supreme Court in NIFLA v. Becerra, another case involving a government attempt to target pregnancy centers’ speech.


Importance to religious liberty: 

  • Free speech: Governments cannot restrict speech because of the speaker’s beliefs. This principle is especially important for speech relating to deeply important and controversial moral and religious issues, like abortion. San Francisco’s law is a one-sided false advertising law that violates this principle and amounts to viewpoint discrimination.