Supreme Court Sides With Anti-Abortion Clinic in Fight Over Donor Records

[pat_k]

19. Not a bad decision. They can challenge. Doesn't mean they'll win.

I'm no lawyer, but seems to me, when free-speech crosses into a "bait and switch" scheme to defraud the subpoena should stand in the interests of justice.

I'd guess that, like a warrant, it would come down to having sufficient probable cause. So, they can argue in Federal Court that the subpoena violates the constitution in some way -- too broad or whatever, but claiming "the subpoena violates free speech" won't go far in the face of sufficient probable cause. If they have credible complaints, those complaints warrant investigation. Free speech does not protect speech used to perpetrate a fraud.