First Resort, Inc. v. Herrera

San Francisco's Pregnancy Information Disclosure and Protection Ordinance, a law designed to protect indigent women facing unexpected pregnancies from the harms posed by false or misleading advertising by limited services pregnancy centers (LSPCs), is constitutional and not preempted by state law. The Ninth Circuit affirmed the district court's decisions in favor of the City and held that the Ordinance is facially valid where it only regulates unprotected commercial speech and is not void for vagueness. The Ordinance was valid as applied to First Resort because it did not regulate First Resort's protected speech, First Resort's commercial speech was not inextricably intertwined with its protected speech, and the Ordinance did not discriminate based on viewpoint. The panel also held that the Ordinance does not violate the Equal Protection Clause, and is not preempted by California Business and Professions Code 17500. View "First Resort, Inc. v. Herrera" on Justia Law