Facts of the Case

Provided by Oyez

The national government provides funds for family planning services (Title X). The Department of Health and Human Services issued regulations limiting the ability of Title X fund recipients to engage in abortion-related activities. Title X funds were to be used only to support preventive family planning services.


Questions

  1. Do the regulations violate the First and Fifth Amendment rights of clients and health providers?

Conclusions

  1. No. The intent of Congress in the enactment of Title X is ambiguous with regard to abortion counseling. Consequently, the Court will defer to the expertise of the administrative agency. The Court held that the "regulations promulgated by the Secretary [of HHS] do not raise the sort of 'grave and doubtful constitutional questions' that would lead us to assume Congress did not intend to authorize their issuance." Should government subsidize one protected right (family planning), as it does in this case, it does not follow that government must subsidize analogous counterpart rights (abortion services).

Click to play: Free Speech: The First Amendment and Government Benefits

Free Speech: The First Amendment and Government Benefits

2013 National Lawyers Convention

The government (federal, state, and local) offers a wide range of benefits to groups.  Some...