Abstract
The tension between the individual liberty to form basic life choices free from public coercion and the power of government to propagate authoritative public values in the context of sexual reproduction, illustrated by the quotations above, has reached a peak with the enactment of the Adolescent Family Life Act (AFLA).3 Popularly known as the Chastity Act,4 the AFLA imposes speech restrictions on public and private grantees in their teaching and counseling programs for adolescents. This Commentary argues that biased government-sponsored presentations about pregnancy options violate the first amendment: the government may not subsidize programs whose purposes and effects are to censor information about abortion in order to restrict its practice. The Commentary first considers the AFLA prohibitions on abortion speech in light of the constitutional status of the abortion right as first articulated by the Supreme Court in Roe v. Wade5 and as limited by Maher v. Roe6 and Harris v. McRae.7 It then examines the AFLA in light of first amendment limits, both on government speech and on government censorship of the speech of others. The
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