The Government Cannot Coordinate an Attack on Pro-Life Ministries – We’re Appealing

If the government can publicly brand a religious ministry “dangerous,” encourage complaints against it, and trigger investigations – all while claiming it’s just “expressing a view” – then the First Amendment is in serious jeopardy.

This week, a federal district court in Massachusetts dismissed our lawsuit challenging the Commonwealth’s coordinated campaign against pro-life Pregnancy Resource Centers (PRCs) like Your Options Medical (YOM).

We strongly disagree, and we will appeal.

Background

Your Options Medical is a licensed medical clinic that has served women facing unexpected pregnancies for more than two decades. It provides free ultrasounds, counseling, and material support – and it does so because of a deeply held belief that every human life is sacred.

Following the Supreme Court’s decision in Dobbs, Massachusetts officials launched what they called a “first-in-the-nation” public education campaign targeting Pregnancy Resource Centers. State messaging labeled these centers “dangerous” and “threats to public health,” accused them of deception, and urged the public to avoid them. Government webpages directed complaints to state authorities and linked to advocacy resources designed to shut these centers down.

At the same time, a pro-abortion activist organization worked hand-in-hand with government officials to develop campaign messaging and file complaints that triggered investigations against our client.

We, along with our local counsel, Massachusetts Liberty Legal Center, filed suit because the Constitution does not permit government officials to use their regulatory power to silence or punish speech they disagree with – especially religious speech.

Take action with the ACLJ and add your name to the petition: MASS DECEPTION – Defeat Pro-Abortion Propaganda.

The Court’s Erroneous Ruling

In reaching its decision, the court concluded that state officials and their pro-abortion activist partners were merely expressing their views and promoting public health. This isn’t what happened.

The significant problem with the decision is that the court viewed each component of the state’s conduct in isolation. It treated the public education campaign, the regulatory guidance, the solicitation of complaints, the state-funded advocacy partnership, and the investigations triggered by those complaints as separate events rather than parts of a coordinated effort.

But our lawsuit clearly showed a comprehensive campaign in which government officials publicly branded pregnancy centers as dangerous, directed the public to report them, partnered with an advocacy organization to amplify that message, and backed it all with regulatory authority.

Case law requires courts to evaluate government conduct in context and in its totality. When viewed as a coordinated whole, the allegations we put forward plausibly describe more than neutral public health messaging – they describe a government-driven effort to stigmatize and silence disfavored speech.

The First Amendment protects more than the right to speak freely from outright censorship. It also protects against government coercion, intimidation, and regulatory pressure designed to silence disfavored viewpoints.

Your Options Medical experienced reputational harm, reduced patient volume, and operational disruption. One of its physicians resigned amid the escalating pressure. These are not theoretical injuries; they are the real-world effects of government intimidation. State officials cannot evade constitutional limits by partnering with private activist groups to do what the government itself cannot do directly.

What Comes Next

The Constitution does not allow government officials to chill speech through intimidation and regulatory pressure. It does not permit viewpoint discrimination disguised as public health messaging. And it does not allow the targeting of religious ministries because of their beliefs.

Your Options Medical has spent decades serving women with compassion and care. We intend to ensure it can continue to do so – free from government coercion and retaliation – even if it means taking this fight all the way to the Supreme Court. For now, we will appeal this decision to the U.S. Court of Appeals for the First Circuit.

Take action with the ACLJ and add your name to the petition: MASS DECEPTION – Defeat Pro-Abortion Propaganda.