The 9th U.S. Circuit Court of Appeals ruled Idaho cannot enforce a ban on recruiting minors for abortions, citing potential First Amendment violations.
Judge M. Margaret McKeown emphasized that the recruiting ban 'prohibits a substantial amount of protected expressive speech' and is thus likely unconstitutional.
The court maintained that Idaho can enforce provisions against harboring and transporting minors, as these do not constitute protected expressive conduct.
The dissent by Judge Carlos T. Bea argued the entire case should have been dismissed based on the plaintiffs' standing to sue.
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