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Louisiana Pro-Life Advocates Win Free Speech Victory at Appeals Court
LifeNews.com ^ | June 10, 2007 | Steven Ertelt

Posted on 06/10/2007 6:18:54 PM PDT by monomaniac

Monroe, LA (LifeNews.com) -- On Wednesday, the U.S. Court of Appeals for the Fifth Circuit remanded back to the lower court a case involving the police punishing the use of pro-life signs in the town of Columbia. The case involves a group of four pro-life people who were arrested after they held pro-life signs on public property.

In February 2005, the town of Columbia assistant chief of police arrested Allen Russell and threatened to arrest four other pro-life advocates standing on public property and holding signs depicting babies who were victims of abortion.

Local police had previously expressed their displeasure with their actions, but did not arrest them. Russell was cited and subsequently jailed for two days.

“Pro-life speech is not second-class speech,” said pro-life attorney Randall Wenger, representing the people involved with the pro-life protesters and is working in the case alongside the Alliance Defense Fund, a pro-life law firm.

“We are pleased that the court recognized that the First Amendment rights of pro-life citizens are threatened by the actions of Columbia officials," he added.

In March 2005, Wenger filed suit on behalf of the pro-life advocates in federal court, citing a violation of members’ First Amendment right to free expression.

He later won a temporary restraining order against town officials, prohibiting them “from interfering with Plaintiff’s First Amendment activities of displaying anti-abortion signs” until a hearing could be held. In May of the same year, he won a partial preliminary injunction.

“Engaging in content-based discrimination in a public forum is unconstitutional,” Wenger said. “Government officials cannot be permitted to continue chilling the speech of [pro-life people] simply because they do not agree with the pro-life message expressed.”


TOPICS: News/Current Events; US: Louisiana
KEYWORDS: abortion; freespeech; louisiana; prolife

1 posted on 06/10/2007 6:18:57 PM PDT by monomaniac
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To: monomaniac

Will the police be punished for false arrest and kidnapping? Or will they have nothing happen to them?


2 posted on 06/10/2007 6:23:36 PM PDT by YOUGOTIT (The Greatest Threat to our Security is the US Senate)
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To: monomaniac

The people at Lifesitenews have not really learned how to shake off their amateurish excitement and write a professional news report. For example, what is the decision called? How was the split of the opinion? Did a panel rule on it? Who was on the panel?


3 posted on 06/10/2007 6:25:36 PM PDT by nwrep
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To: nwrep
Their standards exceed those of the old gray whore, and thus the reporting standards of today.
4 posted on 06/10/2007 6:30:51 PM PDT by MrEdd (L. Ron Gore creator of "Fry-n-tology" the global warming religion.)
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To: monomaniac
Ok, I found it, since I cannot rely on the idiots at Lifesitenews to do their homework.

The case is called World Wide Street Preachers Fellowship vs Town of Columbia.

A panel of 3 judges, Carolyn King (Carter), Emilio Garza (Bush Sr.) and Edward Prado (President Bush) presided.

5 posted on 06/10/2007 6:32:20 PM PDT by nwrep
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To: MrEdd
Their standards exceed those of the old gray whore, and thus the reporting standards of today.

Well, their standards may exceed those of the gray old dried-up slut, but they certainly don't comport with the traditional standards of journalism.

6 posted on 06/10/2007 6:34:10 PM PDT by nwrep
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To: YOUGOTIT
Will the police be punished for false arrest and kidnapping? Or will they have nothing happen to them?

I expect the city will await the courts final opinions and orders, and offer a quiet settlement to put an end to this with as little fanfare as possible...

They lost ... they pay....

The cops will likely be dealt with behind closed doors... personnel files... reprimands we will never see... etc

Just IMHO....

7 posted on 06/10/2007 6:35:57 PM PDT by Wings-n-Wind (The main things are the plain things!)
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To: monomaniac
"Pro-life speech is not second-class speech,"

Oh, yes it is! Ever heard of the FACE law? You can't even pray on the public sidewalk in front of an abortion center if they feel "threatened" by it.

8 posted on 06/10/2007 6:36:07 PM PDT by Tall_Texan (Fred, are you in or out?)
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To: monomaniac

Win one for the good guys.


9 posted on 06/10/2007 6:37:23 PM PDT by wastedyears (Check my profile for links to anti-illegal immigration T-shirts.)
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To: nwrep
A non profit that has a purpose, and is actually doing something (as opposed to one whose purpose is fund raising for graft ridden directors), has ordinary people who are involved in the tasks at hand write their releases. The release doesn't sound polished because they are not a scam.
10 posted on 06/10/2007 9:12:06 PM PDT by MrEdd (L. Ron Gore creator of "Fry-n-tology" the global warming religion.)
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