Why a Tennessee free speech case matters to end-of-life care nationwide

Earlier this month, Compassion Legal, the End-of-Life Justice Center at Compassion & Choices, took action in a federal court case that could have far-reaching consequences for end-of-life care, including the ability to share information about medical aid in dying or even discuss end-of-life wishes with loved ones.

The case challenges a Tennessee law that restricts what people are allowed to say about legal healthcare options available in other states. 

What the case is about

The case, Welty v. Dunaway, will have an impact on the ability of any person in Tennessee to discuss legal out-of-state abortion care. 

But because the case is in federal court, the judges’ decision could have ramifications outside of Tennessee. 

“At its core, this case is a free speech issue,” said Veronica Darling, Director of Litigation with Compassion Legal. “If states are allowed to criminalize speech about reproductive healthcare options available in other states, they could just as easily criminalize speech about end-of-life healthcare options, such as medical aid in dying, available in other states.” 

A federal District Court already ruled that this kind of speech is protected by the First Amendment. Now, the case is on appeal, and the Sixth Circuit will decide whether to uphold that ruling or reverse it.

What Compassion & Choices is doing

On February 4, 2026, Compassion Legal, together with our pro bono legal partners at Sherrard Roe Voigt & Harbison, filed an amicus brief in Welty v. Dunaway. (Amicus briefs are a way for individuals or organizations who aren’t parties to a case to share important perspectives the court might not otherwise hear.)

In the brief, Compassion Legal urged the Sixth Circuit to affirm a district court’s decision that speech about healthcare options available in other states is constitutionally protected, even when that option is not legal in a person’s state of residence.  

Why this case matters 

If the court allows Tennessee to restrict speech about legal healthcare options in other states, it could set a dangerous precedent — one that goes far beyond reproductive healthcare.

With medical aid in dying authorized in Oregon, Montana, and Vermont to qualifying patients regardless of their state of residence, the ability to travel to access healthcare is crucially important at the end of life. 

That’s why Compassion Legal urged the court to consider the broader consequences of siding with Tennessee.

“This case matters because a decision reversing the District Court could have a direct impact on access to all legal end-of-life healthcare options,” said Amy Subach, Associate Staff Attorney at Compassion Legal. “It would open the door for states to criminalize speech about healthcare options available in other states, such as medical aid in dying, or even make it risky for someone to talk with a loved one about their wishes.”

Compassion Legal is fighting to be sure that doesn’t happen, because everyone deserves accurate information, open conversations, and freedom from fear when it comes to end-of-life care and planning. 

We’ll continue to stand up for those values, in the courts and beyond. 

To learn more about the work Compassion Legal is doing to protect your healthcare options, click here.