Temporary Injunction Won: Behn and Welty Block TN's Speech-Criminalizing Law
Rep. Aftyn Behn and Attorney Rachel Welty Celebrate Legal Ruling Providing Temporary Injunctive Relief in "Abortion Trafficking" Law
September 21, 2024
RE: Rep. Aftyn Behn and Attorney Rachel Welty Celebrate Legal Ruling Providing Temporary Injunctive Relief in "Abortion Trafficking" Law
NASHVILLE— Plaintiffs Rep. Aftyn Behn and attorney Rachel Welty celebrate a significant legal victory as the Middle Tennessee District granted temporary injunctive relief in their lawsuit challenging a dangerous Tennessee law that infringes upon the First Amendment rights of free speech regarding abortion access resources. They were represented by Nashville attorneys Daniel A. Horwitz, Melissa Dix, and Sarah Martin. The ruling from District Judge Aleta A. Trauger, which halts the enforcement of the law, protects not only legislators and attorneys but also abortion funds, advocates, and anyone seeking to help Tennesseans access abortion care.
“This is a monumental victory for free speech and the fight for abortion rights,” says Rep. Behn. “This law was a blatant attempt to stifle crucial conversations about abortion resources and intimidate people into silence. But today, we celebrate that the court has affirmed our right to speak openly about abortion options without fear of legal repercussions. This ruling doesn’t just protect Tennesseans—it safeguards the freedom to discuss abortion care across state lines, ensuring that we can continue to offer support, share accurate information, and stand up for the rights of those seeking essential healthcare everywhere. We will not be silenced.”
“As an attorney, this victory is a powerful affirmation of our right to provide clear and confident counsel on abortion care,” says Rachel Welty. “This law directly attacked the attorney-client relationship, threatening the ability to offer trusted legal advice without fear of prosecution. Today’s ruling not only protects that essential relationship here in Tennessee but also safeguards the freedom of speech for attorneys across the country to discuss abortion care openly and honestly. This is a critical win for all of us working to support those seeking reproductive healthcare, and it ensures that we can continue to advocate for our clients without state interference.”
“The Court providing this relief is not just a win for our clients. It is a rebuke of the State’s attempt to censor protected speech about access to legal reproductive healthcare,” said attorney Sarah Martin.
“Judge Trauger’s thoughtful and well-reasoned opinion protects the right of all Tennesseans to share truthful information about abortion without fear that crusading prosecutors will try to punish them criminally for doing so. It also affirms that the government has no authority to enact vague and overbroad laws that criminalize pure speech based on the government’s disagreement with a speaker’s point of view. This is a major victory for Ms. Welty, Representative Behn, and all Tennesseans who believe the government has no right to prosecute citizens for sharing truthful information”, said Daniel Horwitz.
To support organizers and organizations working to provide reproductive care and advocacy in Tennessee, please visit https://www.donttreadonmy1a.com.
