By If/When/How
Attorney-client privilege is a public good that is fundamental to the facilitation of justice.
A Tennessee law could criminalize someone for helping (or, in the bill’s words, “recruiting”) a young person who wants an abortion. If this law were to go into effect, young people–and only young people–would be cut off from getting confidential legal advice. This is the only kind of legal advice that truly protects any client and ensures they get the help they need.
If/When/How argues in this amicus brief for Welty v. Dunaway that the ability of our Helpline, and all lawyers, to provide confidential legal advice to young people in Tennessee will be chilled if that advice can be criminalized as “recruiting.” We also argue that our ability to counsel their clients is not only necessary for people to understand and enforce their legal rights but is essential to the rule of the law and the functioning of our constitutional system.
This is not the first time we’ve provided evidence to the court that a ban on abortion support violates the first amendment. In Matsumoto v. Labrador, the Ninth Circuit Court of Appeals agreed and stopped the enforcement of the recruiting provision of Idaho’s ban on abortion support. The Ninth Circuit explicitly recognized Amicus If/When/How and the legal services it provides on its nationwide helpline, the Repro Legal Helpline, as protected, essential speech.
Take action
- Get Involved: Are you a lawyer who is committed to providing legal services to young people? Join our network to help young people access abortion.
- Get Help: If you need legal support accessing abortion as a young person, including understanding your rights, the Repro Legal Helpline can help. The Helpline provides free, confidential legal services for your abortion, no matter your age or your immigration status. Visit ReproLegalHelpline.org or call 844-868-2812 to connect with a lawyer.
- Support our Legal Work: Your donation directly fuels our efforts to challenge bad laws and helps us defend anyone facing criminalization for pregnancy, abortion, or birth. Give today.