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If These Walls Cold Talk, They Would Be Censored: U.S. Restrictions on Pro-Choice Speech

If United States foreign assistance funded the writing of this paper, which addresses free speech and women‘s rights issues of the utmost international concern, the authors, two United States citizens, would be censored—by U.S. law—from making any statements that advocated for abortion in any context.

Because the writing of this paper is not conditioned on the revocation of the authors‘ First Amendment rights, this paper can and will examine the legality and impact of U.S. abortion speech restrictions on foreign assistance recipients. The restrictions violate U.S. constitutional protections of free speech and contravene international law regarding democratic reform of criminal abortion laws abroad and human rights guarantees, including the right to health. Although the U.S. places myriad abortion-related restrictions on foreign assistance, this paper focuses on the speech concerns of the Helms Amendment3 in the context of domestic constitutional law and the Helms and Siljander Amendments4 in the context of international law. 

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Tags: Abortion, International Humanitarian Law, Rule of Law, Articles