Simms Showers Secures First Amendment Win for Pro-Life Pregnancy Centers in Delaware
Simms Showers LLP is proud to announce a significant legal victory on behalf of pro-life pregnancy centers challenging an unconstitutional Delaware law. Partner Will Thetford served as lead counsel, working alongside Alliance Defending Freedom, in a federal lawsuit that has now resulted in the State of Delaware agreeing to a court order permanently barring the state from enforcing Senate Bill 300, a law that forced pregnancy centers to post misleading, state-mandated disclosures. As part of the resolution, Delaware also agreed to pay $50,000 in attorneys’ fees and costs.
This outcome is a strong affirmation of the First Amendment rights of pregnancy centers and a testament to the caliber of advocacy our firm brings to religious liberty, pro-life, and other federal litigation nationwide.
The Law at Issue
In 2024, Delaware enacted SB 300, which required pro-life pregnancy centers to post disclosures stating that the centers did not have licensed medical staff on-site, even when licensed professionals were, in fact, present or when the disclosure did not reflect the reality of the center’s services. Pregnancy centers challenged the law as compelled speech that misrepresented their operations and violated the First Amendment.
The Lawsuit
In February 2025, our clients, the National Institute of Family and Life Advocates (NIFLA) and A Door of Hope, filed a federal lawsuit against the State of Delaware in the U.S. District Court for the District of Delaware.
The centers argued that SB 300 improperly forced them to communicate messages they did not endorse and that misrepresented the care they provide. This amounted to a compelled-speech violation squarely at odds with the First Amendment and with the U.S. Supreme Court’s 2018 decision in NIFLA v. Becerra, which struck down a similar California law on the same grounds.
The Outcome
Delaware finally agreed to a consent judgment, permanently prohibiting enforcement of SB 300 against our clients. It’s a clear, durable win: pregnancy centers in Delaware can continue their work supporting women and families without being forced to post state-mandated disclosures that misrepresent their services.
Why This Matters for Pregnancy Centers Nationwide
This case is a reminder that laws singling out pregnancy centers for compelled-speech requirements remain vulnerable to constitutional challenge, particularly after NIFLA v. Becerra. Pregnancy centers operating under similar disclosure mandates in other states should take note: these laws can be, and have been, successfully challenged.
Simms Showers LLP is proud to have played a role in securing this outcome for our clients, and we remain committed to defending the constitutional rights of pro-life organizations and pregnancy centers across the country.
If your organization is facing a compelled-speech mandate, disclosure requirement, or other regulatory challenge affecting its mission, contact Simms Showers LLP to discuss your legal options.
This blog is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No reader of this blog should act or refrain from acting solely on the basis of this blog without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this blog.
