Carey v. Population Services International
Encyclopedia
Carey v Population services international 431 U.S. 678 (1977) is a United States Supreme Court case. The court held that it was unconstitutional to prohibit the sale of contraceptives to minors, the advertisements or displays of contraceptives, and the sale of contraceptives to adults except through a pharmacist. According to the Due Process Clause of the Fourteenth Amendment to the United States Constitution]], a state cannot intrude on and individual’s decisions on matters of procreation which is protected as privacy rights.
state officials whose job was to enforce the revisions of the Education Law. The Education Law stated that it was a crime:
a) for any person to sell or distribute any contraceptive of any kind to a minor under the age of 16 years
b) for anyone other than a licensed pharmacist to distribute contraceptives to persons 16 or over
c) for anyone, including licensed pharmacists, to advertise or display contraceptives
The main appellee was Population Services International
, a nonprofit corporation that spread birth control knowledge and services. Population Services International
owned the North Carolina
corporation Population Planning Associates, Inc. This corporation sold and advertised contraceptives to New York
primarily through mail-order retail sale of nonmedical contraceptive devices from their offices in North Carolina
which was a violation of the enforced Education Laws in New York
at the time.
Other appellees were:
a) Rev. James B. Hagen who was a minister and director of a venereal disease prevention program that gave out contraceptive devices.
b) Physicians who specialized in family planning
, pediatrics
, and obstetrics-gynecology.
c) An adult resident of New York
held that the current law hindered his ability to access contraceptive devices and information and his freedom to distribute them to his minor children.
The appellees challenged the constitutionality of NY CLS Educ § 6811. The District Court
assented with the appellees and declared the law unconstitutional in respect to where it applied to nonprescription contraceptives and ordered it to be rephrased.
held that the advertising restrictions upheld by the violated Amendment I.
The Court further held that :
a) the prohibitions on the distribution of contraceptives violated the due process clause of Amendment XIV.
b) minors were entitled to same constitutional protections as adults.
c) each state has somewhat broader authority to regulate the activities of children than of adults.
d) the protection of the right of privacy included the right of an individual, married or single, to be free of unwarranted governmental intrusion in the area of personal decisions regarding intimate relations.
vote, there were 7 votes for Population Services International, and 2 votes against. Justice William Brennan delivered the majority opinion of the court in five parts in which they affirmed what was determined by a three-judge District Court for the Southern District of New York. They declared the New York Educ. Law § 6811(8)unconstitutional in its entirety under Amendment I and Amendment XVI where it applies to nonprescription contraceptives.
The majority concluded that:
Part I
Appellee Population Planning Associates, Inc. (PPA) has standing to challenge the Education Law in not only its own right, but also on behalf of its potential customers which was settled by Craig v. Boren, 429 U.S. 190 (1976). Craig held that PPA is among the vendors who have been permitted to resist efforts at restricting their operations by acting as advocates for the right of third parties who seek access to their market or function.
Part II
Regulations imposing a burden on a decision as fundamental as whether to bear or beget a child may be justified only by compelling state interests, and must be narrowly drawn to express only those interests.
Part III
The provision prohibiting distribution of nonmedical contraceptives to persons sixteen years or over except through licensed pharmacists clearly burdens the right of such individuals to use contraceptives if they so desire. Also, the provision serves no convincing state interests. It cannot be justified by an interest in protecting health insofar as it applies to nonhazardous contraceptives or in protecting potential life. Nor can it be justified by a concern that young people not sell contraceptives. It cannot be categorized to serve as a quality control device or as enabling enforcement of the other provisions of the Education Law.
Part IV
The prohibition of any advertisement or display of contraceptives that seeks to suppress completely any information about the availability and price of contraceptives cannot be justified on the ground that advertisements of contraceptive products would offend and embarrass those exposed to them and that permitting them would legitimize sexual activity of young people. These are not justifications validating suppression
of expression, which are protected by Amendment I. The advertisements in question simply state the availability of products that are not only entirely legal, but also constitutionally protected.
Part V
The right to privacy, which is protected by the Due Process Clause in Amendment XVI, in connection with decisions affecting procreation extends to minors as well as to adults, and since a state may not impose a blanket prohibition, or even a blanket requirement of parental consent, on the choice of a minor to terminate her pregnancy, the constitutionality of a blanket prohibition of the distribution of contraceptives to minors is obviously illegal. Also, the argument that limiting exposure to advertisements of contraceptive products may discourage sexual activity has been rejected by the Court
as a justification for restrictions on the freedom
to choose whether to bear or beget a child.
of the case. He said the following:
a) no religious beliefs, compelled allegiance
to a secular creed
or a married couple’s decision to procreate was considered in this court case.
b) New York
’s purpose of the Education Laws was to discourage minors under the age of sixteen from having premarital sexual intercourse
with each other.
c) Women are given the right to chose to get an abortion
, and the Education Laws were a way of avoiding this practice by not exposing minors to advertisement of contraceptives which promotes promiscuous sex.
d) The Court
denied a fundamental power of self-government when it held that New York
may not use its police power to legislate in the interests of its concept of the public morality
as it pertains to minors.
e) By New York
having the law that all contraceptive medicines are required to be made by licensed pharmacists, it does not significantly limit the access to these products if a person has a concrete intention to obtain them.
, writing for the majority held that the prohibition
on the distribution of contraceptives violated the Due Process Clause of Amendment XVI, but the justices could not agree whether this ban for minors was unconstitutional. The Court
also held that advertising restrictions violated Amendment I, but the justices could not agree whether those restrictions were completely unconstitutional.
became an over-the-counter back-up contraceptive, which raised the debate of whether it should also be available to minors in the same way. In Carey v. Population Services International, the Court
determined that minors have a right to privacy the same as adults. This also means that minors have protected privacy interests in their reproductive health decisions, which in the arguments over the availability of Plan B
, minors have the right to be provided Plan B
over-the-counter the same as adults.
In the debate over the woman’s right to abortion
, the right to privacy comes to play a role in the argument. With each case, how the right to privacy in the Due Process Clause of Amendment XVI is expanded to encompass a larger range of citizens. With the this current case, it determined that minors were included in the freedom given to a women to bear or beget a child. Some argue that the prohibition for the distribution of contraceptives to minors was a just a blanket prohibition for the state to avoid abortion which it could not flatly make a law.
a) Lawrence v Texas 539 U.S. 558 (U.S. 2003) which challenged the Texas
act that made it a crime for two persons of the same sex to participate in certain intimate sexual conduct. Like in Carey v. Population Services International, the appellees used the right of privacy to state that the law was unconstitutional due to the fact that citizens are entitled to respect for their private lives. This lead to the court holding criminal convictions for adult consensual sexual conduct in the home violated liberty and privacy interests protected by the Due Process Clause of Amendment XIV.
b) Planned Parenthood v. Casey
505 U.S. 833 (U.S 1992), which challenged the husband notification provision of the Pennsylvania Abortion Control Act that put an unnecessary burden on a woman’s right to have an abortion
. In this case, the holdings supported both the individual’s rights, and the right of the state to intervene in respect to right of privacy. A state has the right to restrict abortions after fetal viability, as long as the law holds exceptions for pregnancies, which endanger a women’s life or health, but the case also retained and reaffirmed the rights of privacy, which were determined in the holding of Roe v Wade 410 U.S. 113 (1973).
Another topic in the case was the prohibition of advertising suppressed commercial speech. The Court held that speech may not be prohibited because it concerns subjects offending the public’s sensibilities which is protected by Amendment I, in which it states that citizens have the freedom of speech
. Future cases dealing with the prohibition of advertising suppressing commercial speech freedoms were:
a) Reno v. Aclu 521 U.S. 844 (U.S. 1997) which challenged the Communications Decency Act of 1996 which criminalized the constitutionally-protected indecent speech as well as unprotected obscene speech. The court held that the law violated Amendment I by restricting the freedom of speech
.
b) Cent. Hudson Gas & Elec. Corp v Public Serv. Comm’n 447 U.S. 557 (U.S. 1980) which challenged a public service commission’s regulation banning promotional advertising by an electric utility. The Court
held that the regulation was a violation of Amendment I because the state interest in ensuring fair and efficient utility rates was not sufficiently linked to the ban. In the case of the electric company, the public service commission’s concern over the equality and efficiency of utility rates did not provide a constitutionally acceptable reason for restricting protected speech. The ban on all promotional advertising by the company violated both Amendment I in respect to the freedom of speech, and Amendment XIV in regards to the Due Process Clause.
Background
The appellants were New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
state officials whose job was to enforce the revisions of the Education Law. The Education Law stated that it was a crime:
a) for any person to sell or distribute any contraceptive of any kind to a minor under the age of 16 years
b) for anyone other than a licensed pharmacist to distribute contraceptives to persons 16 or over
c) for anyone, including licensed pharmacists, to advertise or display contraceptives
The main appellee was Population Services International
Population Services International
Population Services International is a global health organization with programs targeting malaria, child survival, HIV and reproductive health...
, a nonprofit corporation that spread birth control knowledge and services. Population Services International
Population Services International
Population Services International is a global health organization with programs targeting malaria, child survival, HIV and reproductive health...
owned the North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
corporation Population Planning Associates, Inc. This corporation sold and advertised contraceptives to New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
primarily through mail-order retail sale of nonmedical contraceptive devices from their offices in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
which was a violation of the enforced Education Laws in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
at the time.
Other appellees were:
a) Rev. James B. Hagen who was a minister and director of a venereal disease prevention program that gave out contraceptive devices.
b) Physicians who specialized in family planning
Family planning
Family planning is the planning of when to have children, and the use of birth control and other techniques to implement such plans. Other techniques commonly used include sexuality education, prevention and management of sexually transmitted infections, pre-conception counseling and...
, pediatrics
Pediatrics
Pediatrics or paediatrics is the branch of medicine that deals with the medical care of infants, children, and adolescents. A medical practitioner who specializes in this area is known as a pediatrician or paediatrician...
, and obstetrics-gynecology.
c) An adult resident of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
held that the current law hindered his ability to access contraceptive devices and information and his freedom to distribute them to his minor children.
The appellees challenged the constitutionality of NY CLS Educ § 6811. The District Court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
assented with the appellees and declared the law unconstitutional in respect to where it applied to nonprescription contraceptives and ordered it to be rephrased.
Holding
The Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that the advertising restrictions upheld by the violated Amendment I.
The Court further held that :
a) the prohibitions on the distribution of contraceptives violated the due process clause of Amendment XIV.
b) minors were entitled to same constitutional protections as adults.
c) each state has somewhat broader authority to regulate the activities of children than of adults.
d) the protection of the right of privacy included the right of an individual, married or single, to be free of unwarranted governmental intrusion in the area of personal decisions regarding intimate relations.
Majority Opinion
In the CourtCourt
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
vote, there were 7 votes for Population Services International, and 2 votes against. Justice William Brennan delivered the majority opinion of the court in five parts in which they affirmed what was determined by a three-judge District Court for the Southern District of New York. They declared the New York Educ. Law § 6811(8)unconstitutional in its entirety under Amendment I and Amendment XVI where it applies to nonprescription contraceptives.
The majority concluded that:
Part I
Appellee Population Planning Associates, Inc. (PPA) has standing to challenge the Education Law in not only its own right, but also on behalf of its potential customers which was settled by Craig v. Boren, 429 U.S. 190 (1976). Craig held that PPA is among the vendors who have been permitted to resist efforts at restricting their operations by acting as advocates for the right of third parties who seek access to their market or function.
Part II
Regulations imposing a burden on a decision as fundamental as whether to bear or beget a child may be justified only by compelling state interests, and must be narrowly drawn to express only those interests.
Part III
The provision prohibiting distribution of nonmedical contraceptives to persons sixteen years or over except through licensed pharmacists clearly burdens the right of such individuals to use contraceptives if they so desire. Also, the provision serves no convincing state interests. It cannot be justified by an interest in protecting health insofar as it applies to nonhazardous contraceptives or in protecting potential life. Nor can it be justified by a concern that young people not sell contraceptives. It cannot be categorized to serve as a quality control device or as enabling enforcement of the other provisions of the Education Law.
Part IV
The prohibition of any advertisement or display of contraceptives that seeks to suppress completely any information about the availability and price of contraceptives cannot be justified on the ground that advertisements of contraceptive products would offend and embarrass those exposed to them and that permitting them would legitimize sexual activity of young people. These are not justifications validating suppression
Suppression
The term suppression may refer to:* Oppression, the exercise of authority or power in a burdensome, cruel, or unjust manner, also an act or instance of oppressing...
of expression, which are protected by Amendment I. The advertisements in question simply state the availability of products that are not only entirely legal, but also constitutionally protected.
Part V
The right to privacy, which is protected by the Due Process Clause in Amendment XVI, in connection with decisions affecting procreation extends to minors as well as to adults, and since a state may not impose a blanket prohibition, or even a blanket requirement of parental consent, on the choice of a minor to terminate her pregnancy, the constitutionality of a blanket prohibition of the distribution of contraceptives to minors is obviously illegal. Also, the argument that limiting exposure to advertisements of contraceptive products may discourage sexual activity has been rejected by the Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
as a justification for restrictions on the freedom
Freedom
-Philosophy:* Free will, the ability to make choices* Political freedom, in the context of the relationship of the individual to the state* Economic freedom-Computing:...
to choose whether to bear or beget a child.
Dissenting Opinion
Justice Rehnquist, who was one of the two Justices to vote against the appellees, gave the dissenting opinionDissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
of the case. He said the following:
a) no religious beliefs, compelled allegiance
Allegiance
An allegiance is a duty of fidelity said to be owed by a subject or a citizen to his/her state or sovereign.-Etymology:From Middle English ligeaunce . The al- prefix was probably added through confusion with another legal term, allegeance, an "allegation"...
to a secular creed
Creed
A creed is a statement of belief—usually a statement of faith that describes the beliefs shared by a religious community—and is often recited as part of a religious service. When the statement of faith is longer and polemical, as well as didactic, it is not called a creed but a Confession of faith...
or a married couple’s decision to procreate was considered in this court case.
b) New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
’s purpose of the Education Laws was to discourage minors under the age of sixteen from having premarital sexual intercourse
Intercourse
Intercourse may refer to:*Sexual intercourse*Interpersonal communication, any kind of human communication and/or interactionPlaces:*Intercourse, Alabama, USA*Intercourse, Pennsylvania, USABooks:*Intercourse , a 1987 book by Andrea Dworkin...
with each other.
c) Women are given the right to chose to get an abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, and the Education Laws were a way of avoiding this practice by not exposing minors to advertisement of contraceptives which promotes promiscuous sex.
d) The Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
denied a fundamental power of self-government when it held that New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
may not use its police power to legislate in the interests of its concept of the public morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
as it pertains to minors.
e) By New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
having the law that all contraceptive medicines are required to be made by licensed pharmacists, it does not significantly limit the access to these products if a person has a concrete intention to obtain them.
Conclusion
Justice William BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
, writing for the majority held that the prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
on the distribution of contraceptives violated the Due Process Clause of Amendment XVI, but the justices could not agree whether this ban for minors was unconstitutional. The Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
also held that advertising restrictions violated Amendment I, but the justices could not agree whether those restrictions were completely unconstitutional.
Historical Significance
As time goes by, and technology and medical developments continue, more forms of birth control are invented. Plan BPlan B
Plan B is a popular term used to mean a reserved, secondary plan, in case a first plan fails. Plan B is also an FDA-approved emergency contraception drug.It also may refer to:-People:...
became an over-the-counter back-up contraceptive, which raised the debate of whether it should also be available to minors in the same way. In Carey v. Population Services International, the Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
determined that minors have a right to privacy the same as adults. This also means that minors have protected privacy interests in their reproductive health decisions, which in the arguments over the availability of Plan B
Plan B
Plan B is a popular term used to mean a reserved, secondary plan, in case a first plan fails. Plan B is also an FDA-approved emergency contraception drug.It also may refer to:-People:...
, minors have the right to be provided Plan B
Plan B
Plan B is a popular term used to mean a reserved, secondary plan, in case a first plan fails. Plan B is also an FDA-approved emergency contraception drug.It also may refer to:-People:...
over-the-counter the same as adults.
In the debate over the woman’s right to abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, the right to privacy comes to play a role in the argument. With each case, how the right to privacy in the Due Process Clause of Amendment XVI is expanded to encompass a larger range of citizens. With the this current case, it determined that minors were included in the freedom given to a women to bear or beget a child. Some argue that the prohibition for the distribution of contraceptives to minors was a just a blanket prohibition for the state to avoid abortion which it could not flatly make a law.
Related Cases
A right in the US Constitution that was used in favor of the appellees in the case was the right to privacy, which is protected by the Due Process Clause of Amendment XVI. The court held that the protection of the right of privacy included the right of an individual, married or single, to be free of unwarranted governmental intrusion in the area of personal decisions regarding intimate relations. Future cases dealing with personal decisions concerning intimate relations that also used this defense were:a) Lawrence v Texas 539 U.S. 558 (U.S. 2003) which challenged the Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
act that made it a crime for two persons of the same sex to participate in certain intimate sexual conduct. Like in Carey v. Population Services International, the appellees used the right of privacy to state that the law was unconstitutional due to the fact that citizens are entitled to respect for their private lives. This lead to the court holding criminal convictions for adult consensual sexual conduct in the home violated liberty and privacy interests protected by the Due Process Clause of Amendment XIV.
b) Planned Parenthood v. Casey
Planned Parenthood v. Casey
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...
505 U.S. 833 (U.S 1992), which challenged the husband notification provision of the Pennsylvania Abortion Control Act that put an unnecessary burden on a woman’s right to have an abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. In this case, the holdings supported both the individual’s rights, and the right of the state to intervene in respect to right of privacy. A state has the right to restrict abortions after fetal viability, as long as the law holds exceptions for pregnancies, which endanger a women’s life or health, but the case also retained and reaffirmed the rights of privacy, which were determined in the holding of Roe v Wade 410 U.S. 113 (1973).
Another topic in the case was the prohibition of advertising suppressed commercial speech. The Court held that speech may not be prohibited because it concerns subjects offending the public’s sensibilities which is protected by Amendment I, in which it states that citizens have the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
. Future cases dealing with the prohibition of advertising suppressing commercial speech freedoms were:
a) Reno v. Aclu 521 U.S. 844 (U.S. 1997) which challenged the Communications Decency Act of 1996 which criminalized the constitutionally-protected indecent speech as well as unprotected obscene speech. The court held that the law violated Amendment I by restricting the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
.
b) Cent. Hudson Gas & Elec. Corp v Public Serv. Comm’n 447 U.S. 557 (U.S. 1980) which challenged a public service commission’s regulation banning promotional advertising by an electric utility. The Court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
held that the regulation was a violation of Amendment I because the state interest in ensuring fair and efficient utility rates was not sufficiently linked to the ban. In the case of the electric company, the public service commission’s concern over the equality and efficiency of utility rates did not provide a constitutionally acceptable reason for restricting protected speech. The ban on all promotional advertising by the company violated both Amendment I in respect to the freedom of speech, and Amendment XIV in regards to the Due Process Clause.