I'm a fan of efficient writing but this is in fact too much to fit into one sentence.
Sam Feldman
@srfeld.bsky.social
1.4K followers 965 following 1.4K posts
Appellate public defender, trade unionist, NYC-DSA member. Washingtonian by birth, Chicago alum. He/him. Homo sum, humani nihil a me alienum puto.
![As we observed recently in Catholic Charities, which enjoined a Michigan conversion therapy ban similar to the one at issue in Chiles, no “viewpoint-discriminatory restriction” on speech has ever survived strict scrutiny. 162 F.4th at 696. Supreme Court precedent makes clear that Tennessee has no compelling “interest in shielding its citizens from information about activities outside [its] borders.” Bigelow, 421 U.S. at 827–28; see also Katt v. Dykhouse, 983 F.2d 690, 695 (6th Cir. 1992). Furthermore, even crediting Tennessee’s passing suggestion that it has a compelling interest in protecting “the parental right to direct medical treatment,” the Recruitment Provision is not narrowly tailored to that interest. Tennessee’s law is “wildly underinclusive when judged against [this] asserted justification,” Brown, 564 U.S. at 802, because it criminalizes speech that encourages a minor to get an abortion yet is silent on speech encouraging a minor to carry a pregnancy to term with or without parental involvement. Thus, the Recruitment Provision cannot survive strict scrutiny and is unconstitutional as applied to Welty and Behn.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:24vva42nxim6zbcmnozegoef/bafkreidtwonhkiropl4utedwirqonvufxabtzwwvmr53xoxvn6bq2yirmi)
