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South Carolina Bill Would Censor Abortion Information Online

The 'Equal Protection at Conception—No Exceptions—Act' would prevent websites from providing information to state residents.

South Carolina lawmakers have proposed a bill called the Equal Protection at Conception—No Exceptions—Act that would prevent websites from publishing abortion-related information.

The state made abortion illegal after the Supreme Court overturned Roe v. Wade in June. This new bill also seeks to prohibit "hosting or maintaining an internet website, providing access to an internet website, or providing an internet service purposefully directed to a pregnant woman who is a resident of this State that provides information on how to obtain an abortion, knowing that the information will be used, or is reasonably likely to be used for an abortion."

The bill also prohibits "providing information to a pregnant woman, or someone seeking information on behalf of a pregnant woman, by telephone, internet, or any other mode of communication regarding self-administered abortions or the means to obtain an abortion, knowing that the information will be used, or is reasonably likely to be used, for an abortion" as well as providing info about abortion doula services or referring visitors to abortion providers.

The decision to overturn Roe v. Wade has demonstrated how abortion rights are intertwined with privacy rights—which President Joe Biden acknowledged with the Executive Order Protecting Access to Reproductive Health Care Services—across the US. Ars Technica notes that this bill (and others like it) show that states' efforts to limit access to information about obtaining or performing abortions could also threaten the First Amendment right to free speech.

On a practical level, even if the bill is passed, it's unlikely to prevent someone from accessing information related to abortion. Location-based restrictions are relatively easy to bypass. The problem is accessing that information without leaving evidence that could later be used by prosecutors. It seems more likely that the Equal Protection at Conception—No Exceptions—Act will be punitive rather than preventative.

About Nathaniel Mott