It is still early to know what abortion opponents will prioritize in 2025, but one goal is coming into view: Criminalizing speech and information about abortion. It may seem that efforts to criminalize speech will be constitutionally dead on arrival. In reality, as a recent decision over an Idaho law by the U.S. Court of Appeals for the 9th Circuit shows, the fight to undercut reproductive rights will pose new, complicated threats to the freedom of speech in the years to come.
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