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Reason
Reason
Eugene Volokh

S.C. Bill Would Apparently Outlaw News Sites' Writing About Legal Abortion Clinics in Neighboring States

The South Carolina state Senate is considering a bill that would basically ban abortions, with no exception other than for abortions needed to "designed or intended to prevent the death of a pregnant woman" (though even that's uncertain, given the sentence that "The provisions of this section must not be construed to authorize the intentional killing of an unborn child"). The bill wouldn't prohibit adult women from traveling to another state to get an abortion, though it would prohibit "transport[ing] a pregnant minor who resides in this State to another state to procure an abortion.".

The arguments for and against the prohibition on abortion are obvious, so I won't focus on them. (I oppose such prohibitions, but I have little useful to add about them.) Instead, I thought I'd flag something that's more within my area of expertise, and that others might miss: The law's ban on "knowingly or intentionally aid[ing or] abet[ting]" an abortion "includes, but is not limited to knowingly and intentionally,"

(1) providing information to a pregnant woman, or someone seeking information on behalf of a pregnant woman, by telephone, internet, or any other mode of communication regarding self-administered abortions or the means to obtain an abortion, knowing that the information will be used, or is reasonably likely to be used, for an abortion; [or]

(2) hosting or maintaining an internet website, providing access to an internet website, or providing an internet service purposefully directed to a pregnant woman who is a resident of this State that provides information on how to obtain an abortion, knowing that the information will be used, or is reasonably likely to be used for an abortion.

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