As J.S. Mill and others have argued, freedom of expression is a fundamental liberty and the people working at crisis pregnancy centers have that right. But crisis pregnancy centers purport to offer an alternative to abortion—though they seem to routinely engage in deception rather than honest persuasion. This raises moral questions about freedom of expression.

To get the obvious out of the way, those who work for crisis pregnancy centers have the moral right to express their views on abortion. They also have the moral right to try to persuade others to accept their views. A key part of the freedom of expression is the freedom to engage with others who are willing to listen. So, the freedom of expression of these centers is not in dispute.

One concern, which was addressed in my previous essay, is the ethics of deceit. While people do have the right to express their views, freedom of expression is not a license to lie. But it must be noted that there is an important distinction between making an untrue claim and lying.  While there are many forms of lying, the common form requires that a person believes they are making an untrue claim and that they have the intention to deceive. So, if the those at the centers believe the untruths they tell women, then they are not lying. However, this does not get them off the moral hook completely as there is also an ethics of epistemology (the theory of knowledge). Just as there is a moral obligation, as per Thomas Aquinas, to consider one’s actions before acting, there is also an obligation to confirm one’s beliefs before trying to get others to accept them. The seriousness of this obligation, as with actions, is in proportion to the seriousness of the likely consequences of the belief. Being epistemically irresponsible about knowing birth control’s efficacy or the medical effect of abortion is morally unacceptable. As with any liberty, there are also associated responsibilities. Due diligence and honesty in the claims one makes are part of these responsibilities. That is, freedom of expression is not freedom from truth and proper research (which is more than just Googling while under the influence of confirmation bias).

A second concern is values. While people do not have a right to their own facts, they do have the right to their own values (and the responsibility of the consequences of those values). While some embrace the self-defeating notion that relativity of values requires tolerance (it self-defeats because claiming tolerance as an objective value contradicts relativism), it would beg the question to assume that values are objective (or subjective). Even if values are objective, there is still the problem of sorting out which values are right. Because of this, it is more difficult to show that someone has the wrong values. There do seem to be some clear exceptions: those who advocate for rape and genocide have indisputably gotten things wrong. However, moral philosophy has vast tracts of disputed territory and rational moral disagreement helps warrant the freedom of expression. Since we do not always know what is right, it would often be both foolish and wrong to silence people with differing views.

While the various sides on the abortion issue tend to believe they have the objective truth; the issue is morally complicated and an area of reasonable moral dispute. Those who think they have the right answer still have an excellent reason to accept this, if only on pragmatic grounds. Even if they are winning now, they might be losing tomorrow and need the freedom to make their case. If they are losing now, they would want the freedom to make their case. So, the center folks have the right to present their values as do those who disagree with them.

The final concern I will address is the matter of compelled listening. While there have been some legal cases involving compelled speech, there is also the moral question of compelled attention. The easy and obvious view is that people have no general right to expect others to listen to them, although there are contexts where there can be such an expectation. People also do not, with some notable exceptions, have the right to harass people under the guise of free expression. To use an analogy, you have a right to swing a knife around as much as you wish as long as you are not slashing at other people. Likewise, you can express yourself however you wish, provided that the expression is not aimed at harassing, coercing or harming others. I admit there is a problem with sorting out what counts as harassment, coercion and harm. This must be addressed by considering specific types of cases and by developing general guidelines. For example, college students don’t have grounds to claim that a speaker they dislike is automatically harming them because they dislike what they hear. As another example, a student who is shouting a speaker they dislike is both violating the speaker’s right to free expression and endeavoring to compel others to listen to them over the speaker, and are in the process of trying to violate two rights.

Returning to the centers, they do have every right to try to persuade, but the tactics that are coercive, deceptive or harassing are not protected by moral freedom of expression. While they do have the right to express their views, they do not have the right to trick, harass or coerce others into listening to or accepting their views. Naturally, the general principles at work here apply generally, especially to the freedoms of people I disagree with.