A new federal lawsuit is challenging Delaware’s SB 300, a law that compels pro-life pregnancy centers to display disclaimers on their websites stating they are not licensed medical facilities and do not have state-licensed medical providers on site. The lawsuit, filed by the National Institute of Family and Life Advocates (NIFLA) and Delaware-based A Door of Hope, contends that the law is unconstitutional and violates the First Amendment.
We obtained a copy of the lawsuit for you here.
The legal challenge draws a direct comparison between Delaware’s law and a similar California statute that was struck down by the Supreme Court in 2018. The lawsuit argues that SB 300 disproportionately targets pro-life pregnancy centers while exempting pro-choice advocacy groups and medical facilities, a selective approach that mirrors California’s failed attempt at compelled speech regulation.
Historically, courts have not looked favorably upon such laws. California ultimately conceded defeat, agreeing to a permanent injunction after the Supreme Court ruled against its law. Illinois followed suit in 2023 after a federal judge harshly criticized its comparable regulation. Despite these setbacks, other states, including Vermont and New York, continue to introduce laws aimed at restricting the operations of pro-life centers, often facing legal challenges in response.
Delaware’s law, set to take effect next month, mandates that so-called “limited services medical facilities” — a category specifically defined to include only pro-life pregnancy centers—post prominent disclaimers on their websites, physical locations, and advertisements. Noncompliance carries heavy penalties, including fines of up to $10,000 per violation and asset freezes. The required disclaimers, which plaintiffs describe as “wordy” and overly burdensome, could significantly hinder their ability to communicate their mission and services effectively, particularly in digital advertisements with strict character limits.
The lawsuit highlights additional inconsistencies in the law’s definition of “licensed medical providers.” While ultrasound technicians are considered licensed medical professionals under SB 300, registered nurses—who require licensing in Delaware — are excluded from this category. As a result, A Door of Hope argues that the law forces them to misrepresent the qualifications of their staff, violating both their free speech rights and religious convictions.
Further, the law does not provide exceptions for non-medical services such as parenting programs, maternity support, or faith-based counseling, imposing broad restrictions that interfere with the centers’ ability to share religious messages. The lawsuit argues that compelled disclosures would overwhelm and dilute their core messages, including faith-based expressions like Easter and Christmas greetings.
The plaintiffs assert that SB 300 is not only overreaching but also selectively enforced, granting authorities unchecked discretion in choosing whom to prosecute. Given the precedent set by the Supreme Court and lower courts in similar cases, the lawsuit contends that the law is unconstitutional under any standard of judicial review and fails to serve any legitimate government interest.
