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13 Elon L. Rev. 1 (2020)

handle is hein.journals/elonlr13 and id is 1 raw text is: ARTICLES DOCTOR, DOCTOR, GIVE ME THE NEWS: FIRST AMENDMENT EMPOWERS DISPLAY AND DESCRIBE REQUIREMENTS FOR PURPOSES OF INFORMED CONSENT AND COMMERCIAL SPEECH NEELY B. BROWN* A woman has recognized rights under the Constitution to obtain an abortion, but she also has a right to personal autonomy. To preserve this right, the state must regulate the disclosures regarding an abor- tion procedure to ensure the patient is getting the information needed to make an informed decision about what happens to her body during an abortion. As history shows, courts have dealt with abortions with care by honoring the woman's autonomy. As the right to choose to get an abortion is fundamental, the right of the woman to be apprised of all of the facts and all of the risks associated with the procedure is equally as fundamental when looking at ournation's history. One of the ways to advocate for the woman's right to an abor- tion and to consent to what happens to her body is to uphold the constitutionality of the display and describe requirements and grant the power to compel disclosures in this context to the state. There is a circuit split between the Fourth, Eighth, Fifth, and Sixth Circuits over the constitutionality of the display and describe * Neely B. Brown, Staff Editor, Texas Tech Law Review; J.D. Candidate, May 2021, Texas Tech School of Law; B.A., 2017, Baylor University. This Article was written through the Texas Tech Law Review Writing Process and the Academic Legal Writing Course at Texas Tech School of Law. I would like to thank Dean Jack Wade Nowlin, Dean Jamie Baker, Professor Richard Rosen, and Hilary Wilkerson for their contributions and feedback. (1)