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Pepperdine | Caruso School of Law

Professor Barry McDonald Quoted on California School ID Bill -- Daily Wire

March 20, 2019 | Professor Barry P. McDonald is quoted in the Daily Wire article, "California Bill Would Mandate That School ID Cards Have Phone Number of 'Reproductive Health Hotline' Printed On One Side." The article considers the constitutionality of legislation that would require all schools to provide on pupil identification cards the telephone number for a reproductive health hotline among other hotline telephone numbers.

Excerpt from California Bill Would Mandate:

The Daily Wire spoke with Barry McDonald, professor of constitutional and First Amendment law at Pepperdine University, who drew an important distinction between public and private schools:

Well, it wouldn't be unconstitutional as to California public schools that might object, since it's highly doubtful public agencies have any free speech rights – and particularly against requirements of their own state government that authorizes their creation.

As to private schools, I think they'd have a strong case for unconstitutionality under last term's 5-4 abortion notice ruling of SCOTUS v. Becerra that basically said when governments compel disclosures or speech other than "traditional health and safety warnings" and certain commercial disclosures, the government has a demanding burden of showing a compelling need for it, and that there is no alternative way for the government to meet that need.

The complete article may be found here