Skip to comments.9th Circuit First Amendment Victory to CBR (pro-life victory)
Posted on 07/03/2008 1:44:12 PM PDT by MississippiMan
9th Circuit Court of Appeals Hands First Amendment Victory to Center for Bio-Ethical Reform
COLUMBUS, OH July 3, 2008 A federal appellate panel ruled Wednesday that the Los Angeles County Sheriff's Department violated the Center for Bio-Ethical Reform's (CBR) free speech rights when two CBR associates were forced to move a mobile billboard display of enlarged photos of early-term aborted fetuses away from a Rancho Palos Verdes middle school campus.
The Center for Bio-Ethical Reform (CBR), a non-profit pro-life educational foundation, sued the LA County Sheriff's Department and an assistant principal at Dodson Middle School, claiming civil rights and First Amendment violations. The mobile billboard truck was part of the group's Reproductive Choice Campaign, which seeks to "expose as many people as possible to the realities of abortion."
Robert Muise from the Thomas More Law Center, based in Ann Arbor MI, represented CBR.
To read the decision: CENTER FOR BIO-ETHICAL REFORM, INC. V LOS ANGELES COUNTY SHERIFF DEPARTMENT
CBR needs support to continue to fight these battles for the right to display aborted baby images. CLICK HERE TO SUPPORT CBR MIDWEST
We are grateful to God for granting the Founding Fathers the wisdom to create appellate courts which can rectify the mistakes of trial court judges. In this case, the 9th Circuit Court of Appeals almost totally reversed the trial judge on almost every issue. This is a huge win for the First Amendment. This is an even larger win for middle school and high school students who are being lied to about abortion and who will now learn the truth as our billboard trucks drive past their schools displaying large aborted baby photos.
The First Amendment means nothing if it doesnt mean the right to show people things they dont want to see. Sadly, in other parts of the country, we do encounter this sort of ignorance about what the First Amendment actually says but it is always most shocking when the ignorance is exhibited by educators. It is frightening to realize that our children are being taught their most basic Constitutional rights by teachers who either dont understand the Constitution, or dont respect it. But in any event, when the First Amendment is violated, we aggressively file law suits and we are thankful that we live in a country in which we win those suits. This legal victory will also teach the students at Dodson Middle School important lessons about the Constitution.
Note that the decision (PDF) is available via link the body of the message above.
The Ninth has gotten a couple right lately. Be very afraid...
Something strange is afoot.
So just who are these people and what have they done with the real 9th Circuit (Circus)?
I’m afraid to ask. We’ve just gotten ten years worth of decent rulings out of them. I’m asking no questions.
...for the wrong reasons.
The First Amendment means nothing if it doesnt mean the right to show people things they dont want to see.
...is this really what the founders intended?
actually a free speech victory
Yeah, the downside of their ruling—and a scenario these judges may well have had in mind—is that this same logic could give a bunch of flaming homos the right to parade around schools doing gosh knows what.
Nonetheless, I always expect anything amoral to be allowed while a moral message gets squelched, especially given the history of this panel, so I will still celebrate.
BTW, CBR is the pro-life movement I’ve chosen to financially support. I believe that it’s waaaaaayyyy past time that we learned how to get blunt and in the face of liberals, and CBR is doing EXACTLY that in a huge way.
Citizens need to be constantly reminded of the American Holocaust.
Really? I thought the sole purpose of the 9th Circuit was to give the Supreme Court practice in overturning opinions.
I STRONGLY concur. I am staunchly pro-life, but the reasoning of the court is just plain wrong.
The First Amendment means nothing if it doesnt mean the right to show people things they dont want to see.The same reasoning could be used to demand pornography on the sidewalks or in the schools. They inadvertently provided a defense for every lewd flasher, sick artist and racial bigot.
I’m all about original intent, but do you think the Founders would ever think the nation would take the Constitution they gave us to mean “Kill 40 million children?”
One wonders wht sort of horrible things people would have been shown that they didn’t want to see if Kodak-style photography had existed during the slave era.
I think the founders understood fully that human nature is capable of unspeakable evil and that is why they constructed a government that is subject to itself in three branches and the governed, ultimately.
They also knew that people would likely sit on their asses and let it become a Leviathan which is why they said, "...if you can keep it."
I happen to think the posting of the Declaration of Independence of FR is very inspiring and I hope it really does inspire Americans to take control of this government so that it will function the way it was intended to.
Pope Benedict XVI spoke of America's "Vocation in history." He understands our role throughout the world. It's time to wake up and grow up.
For sure. We forget history before it's even in the books.
Your comments are appropriate and accurate. The following is a quote from Federalist 55: As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form.
Now they're gonna want to ban Dr. Seuss books.
I think you’re right, regardless of the shock of the images themselves. If showing the deed is bad, what of the deed itself?