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9th Circuit First Amendment Victory to CBR (pro-life victory)
CBR E-mail | July 3, 2008 | Mark Harrington

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
CBR Statement

 
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 doesn’t mean the right to show people things they don’t 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 don’t understand the Constitution, or don’t 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. 

 

 





 The ultimate irony concerning attempts by teachers to censor our display of aborted baby photos is that those same teachers rightly realize the importance of showing their students equally horrifying photos of black people being beaten to their knees or even lynched for merely trying to register to vote.  There are some realities which can not be adequately communicated with words alone.  Students who are old enough to have an abortion are old enough to see an abortion.   

-- Gregg Cunningham, Executive Director, Center for Bio-Ethical Reform
 
For more information contact Mark Harrington at 614-759-5195 or mark@cbrinfo.org


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: abortion; firstamendment; freespeech; inyourface; judiciary; ninthcircuit; overthetop
The 9th circuit gets one RIGHT?!?

Note that the decision (PDF) is available via link the body of the message above.

MM

1 posted on 07/03/2008 1:44:12 PM PDT by MississippiMan
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To: MississippiMan

The Ninth has gotten a couple right lately. Be very afraid...

Something strange is afoot.


2 posted on 07/03/2008 1:48:39 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: DoughtyOne
The Ninth has gotten a couple right lately.

So just who are these people and what have they done with the real 9th Circuit (Circus)?

3 posted on 07/03/2008 1:52:34 PM PDT by chimera
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To: chimera

I’m afraid to ask. We’ve just gotten ten years worth of decent rulings out of them. I’m asking no questions.

LOL


4 posted on 07/03/2008 1:57:26 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: MississippiMan
The 9th circuit gets one RIGHT?!?

...for the wrong reasons.

The First Amendment means nothing if it doesn’t mean the right to show people things they don’t want to see.

...is this really what the founders intended?

5 posted on 07/03/2008 3:13:57 PM PDT by the invisib1e hand (the media vs. the people.)
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To: MississippiMan

actually a free speech victory


6 posted on 07/03/2008 3:43:14 PM PDT by Santino Sonny Corleone
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To: the invisib1e hand

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.

MM


7 posted on 07/03/2008 3:45:18 PM PDT by MississippiMan
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To: MississippiMan

Citizens need to be constantly reminded of the American Holocaust.


8 posted on 07/03/2008 3:53:10 PM PDT by Interposition
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To: MississippiMan; Caleb1411
The 9th circuit gets one RIGHT?!

Really? I thought the sole purpose of the 9th Circuit was to give the Supreme Court practice in overturning opinions.

9 posted on 07/03/2008 4:49:34 PM PDT by rhema ("Break the conventions; keep the commandments." -- G. K. Chesterton)
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To: the invisib1e hand
...for the wrong reasons.

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 doesn’t mean the right to show people things they don’t 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.
10 posted on 07/03/2008 4:50:32 PM PDT by DaveyB (Either we will be ruled by God or by-god we will be ruled - Ben Franklin)
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To: DaveyB
Yes, this is kind of like the aclu helping out a cause on the right. Their are ulterior motives at work here. Be afraid!!
11 posted on 07/03/2008 5:17:33 PM PDT by cla62
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To: the invisib1e hand

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.


12 posted on 07/04/2008 8:38:50 AM PDT by Mr. Silverback (*******It's not conservative to accept an inept Commander-in-Chief in a time of war. Back Mac.******)
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To: Mr. Silverback; Jim Robinson
...but do you think the Founders would ever think the nation would take the Constitution they gave us to mean “Kill 40 million children?”

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.

13 posted on 07/04/2008 1:23:28 PM PDT by the invisib1e hand (the present just isn't what it used to be.)
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To: the invisib1e hand

Nicely put.


14 posted on 07/04/2008 3:08:24 PM PDT by Mr. Silverback (*******It's not conservative to accept an inept Commander-in-Chief in a time of war. Back Mac.******)
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To: Interposition
“Citizens need to be constantly reminded of the American Holocaust.”

For sure. We forget history before it's even in the books.

15 posted on 07/04/2008 8:21:38 PM PDT by cpforlife.org (A Catholic Respect Life Curriculum is available FREE at KnightsForLife.org)
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To: chimera
So just who are these people and what have they done with the real 9th Circuit (Circus)?

Sounds like a pretty good plot for a movie.
16 posted on 07/04/2008 8:29:18 PM PDT by tang-soo (Prophecy of the Seventy Weeks - Read Daniel Chapter 9)
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To: Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...

Please Freepmail me if you want on or off my Pro-Life Ping List.

17 posted on 07/04/2008 9:01:59 PM PDT by cpforlife.org (A Catholic Respect Life Curriculum is available FREE at KnightsForLife.org)
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To: the invisib1e hand

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.”


18 posted on 07/04/2008 9:08:44 PM PDT by Interposition
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To: cpforlife.org
"A person's a person, no matter how small!"

Now they're gonna want to ban Dr. Seuss books.

19 posted on 07/05/2008 4:34:26 AM PDT by the invisib1e hand (maybe apes evolved from people.)
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To: MississippiMan
Let's keep praying for them folks on the 9th Circuit!

Pray for an end to abortion and the conversion of America to a mindset of life!

20 posted on 07/05/2008 1:11:34 PM PDT by Salvation (†With God all things are possible.†)
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To: MississippiMan

I think you’re right, regardless of the shock of the images themselves. If showing the deed is bad, what of the deed itself?


21 posted on 07/05/2008 6:08:43 PM PDT by Lexinom
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