Federal Appeals Court Upholds Ruling Permanently Blocking Law Censoring Planned Parenthood’s Abortion-Related Speech
Court affirms First Amendment protections for information and referrals about legal abortion care outside Indiana
CHICAGO – The U.S. Court of Appeals for the Seventh Circuit yesterday upheld a ruling permanently blocking Indiana from punishing Planned Parenthood for giving minors truthful information about legal abortion services in other states or helping connect them with out-of-state providers.
The case stems from Indiana’s so-called “aid-or-assist” law, which made it illegal to knowingly or intentionally help an unemancipated minor obtain an abortion without first obtaining a parent’s written, notarized consent or getting court approval. Planned Parenthood Great Northwest Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) sued before the law took effect and won a preliminary injunction in 2017, blocking its enforcement.
In 2024, a federal district court permanently blocked Indiana from using the aid-or-assist law to punish Planned Parenthood for giving minors information about legal abortion services outside Indiana, providing referrals, or contacting out-of-state providers on their behalf. The State of Indiana appealed, and the Seventh Circuit affirmed that ruling, finding that the information and referrals are protected by the First Amendment.
“Young people should not have to navigate a complicated and deeply personal health care decision without clear, honest information,” said Rebecca Gibron, CEO and President of PPGNHAIK. “For years, Indiana has tried to make that harder. We’re relieved that we can continue helping all our patients understand their options and find legal care, even if it means traveling out of state. We will continue to fight for our patients’ right to access accurate information, including abortion services in other states.”
“Free speech protections mean very little if the government can silence truthful information whenever it dislikes the subject,” said Gavin Rose, Deputy Legal Director at the ACLU of Indiana. “Indiana spent nearly a decade defending that kind of restriction. We’re glad the court rejected it and protected the right of providers to speak openly with their patients.”
PPGNHAIK is represented by attorneys from the ACLU of Indiana, the ACLU, and Planned Parenthood Federation of America.
The decision is available here.