California’s Crackdown on Abortion Pill Reversal Sparks Free Speech Controversy
In a significant challenge to free speech, California is targeting pro-life pregnancy centers, restricting their ability to inform women about progesterone therapy, a method used to reverse the effects of the abortion drug Mifepristone. This legal battle, unfolding in the case National Institute of Family and Life Advocates v. Bonta at the U.S. Ninth Circuit Court of Appeals, highlights a clash between state regulation and First Amendment rights.
The Issue at Hand
California Attorney General Rob Bonta has accused pregnancy centers, including Heartbeat International and RealOptions Obria Medical Clinics, of fraudulent business practices and false advertising for promoting Abortion Pill Reversal (APR). APR involves using progesterone, a naturally occurring hormone, to potentially reverse Mifepristone’s effects if a woman changes her mind within 72 hours. Mifepristone works by blocking progesterone, which is essential for sustaining a pregnancy, effectively starving the fetus. Progesterone, used safely for decades to prevent miscarriages, has shown a 64-68% success rate in reversing Mifepristone, potentially saving over 6,000 lives.
Despite these services being offered free of charge, Bonta claims they constitute “commercial speech” subject to regulation under fraud and false advertising laws. In March 2025, a federal judge upheld this stance, denying a motion to block the state’s censorship, allowing California to continue restricting pregnancy centers’ speech.
Free Speech Under Fire
Critics argue this is a clear case of viewpoint discrimination. Bonta’s October 2023 press release labeled APR advertisements as “lies and misinformation,” asserting that most women do not regret abortions. However, studies indicate 70% of women experience grief or regret post-abortion, underscoring the demand for options like APR. By supporting access to chemical abortions while suppressing information about reversal, the state appears to favor one viewpoint over another, violating First Amendment protections.
The classification of APR as “commercial speech” is also contentious. Pregnancy centers, often non-profits, provide these services without profit motives, challenging the state’s argument. Furthermore, the district court’s ruling effectively bans off-label use of progesterone for APR, despite its FDA approval for pregnancy maintenance and decades of safe use. Off-label prescribing is a common medical practice, and progesterone’s safety is well-documented, with experts like Dr. William Lile, a board-certified OB-GYN, reporting a 78% success rate in reversing Mifepristone in his practice.
Broader Implications
The ruling not only curtails free speech but also sets a troubling precedent for regulating off-label pharmaceutical use. By deeming progesterone unsafe for APR due to limited studies, the court ignores its established safety profile and restricts medical autonomy. This decision could impact other non-profits and healthcare providers, limiting their ability to discuss or prescribe off-label treatments.
A Call for Reversal
The ongoing case underscores a critical fight for free speech and medical choice. Pro-life pregnancy centers argue they should retain the right to inform women about APR without state interference. As the Ninth Circuit reviews the case, the outcome could redefine the boundaries of free speech and the state’s role in regulating medical information.
