The law stated that its purpose was to prevent “deceptive practices,” which it defined as “misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression, or omission of such material fact” related to surgical and chemical abortions.
The law did not clearly express what facts the pro-life pregnancy centers needed to convey to potential clients, nor did it state what constituted a “misrepresentation” of a fact related to abortion.
Yet pro-life pregnancy centers would have been subject to this mandate whenever they advertised for or conducted pregnancy-related services, whenever they encouraged a person to enter one of their centers, and whenever they “interfere with or prevent an individual from seeking to gain entry or access to a provider of abortion or emergency contraception.”
The text explaining the purpose of the law also stated that pro-life pregnancy centers misrepresent facts in their current practice and that they try to dissuade people from obtaining abortions through “deceptive, fraudulent, and misleading information and practice.”
Pro-life pregnancy centers could have been fined up to $50,000 for violating the law.
The suit, filed by pro-life pregnancy centers in Illinois, claimed that the vagueness of the bill was in violation of the 14th Amendment right to due process and that its specific targeting of the pro-life pregnancy centers violated the equal protection clause. The centers further argued that it was in violation of the First Amendment because it was intended to silence pro-life speech.