Anti-abortion group wins free-speech ruling

sf chron ^ | 07.02.08 | Bob Egelko, Chronicle Staff Writer

[Coleus]

A federal appeals court gave an anti-abortion group the go-ahead Wednesday to drive trucks with enlarged photos of aborted fetuses past California schools, saying the Constitution protects the display of disturbing messages.  Los Angeles County sheriff's deputies interfered with free speech by ordering the driver of one such truck to move away from a middle school, said the Ninth U.S. Circuit Court of Appeals in San Francisco. The deputies had cited a state law barring disruptive activities near public school grounds.  "The government cannot silence messages simply because they cause discomfort, fear or even anger," said a panel of three judges - Harry Pregerson, Marsha Berzon and William Fletcher, all considered liberals.

To be constitutional, the state law can prohibit speech that is disruptive because of the way it is expressed - for example, through a blaring loudspeaker - but not because of its content, said Pregerson, the author of the ruling.  A lawyer for the anti-abortion group, the Center for Bio-Ethical Reform, called the ruling "a tremendous victory for the pro-life movement." "They can get out their message that reveals the horror of abortion," said attorney Robert Muise of the Thomas More Law Center, a conservative Christian organization. He said the trucks would be sent to middle schools and high schools, where students, he contended, are already being targeted by advocates of contraception and abortion.

[Coleus]

The ruling in Center for Bio-Ethical Reform vs. Los Angeles County Sheriff's Department is available at the appeals court's Web site, www.ca9.uscourts.gov/ca9/newopinions.nsf

[maine-iac7]

Sets a crucial precedent;

“The government cannot silence messages simply because they cause discomfort, fear or even anger,”

Will that not mean the mooseslimes that are so successfully making it illegal to ‘offend’ them, will have a harder time here than in the UK and Canada, both of which have capitulated...As a matter of fact, wouldn't this render the "hate speech crimes" null and void?

[syriacus]

Thanks for posting this news, Coleus.

[Gabz]

Be still my heart -— the 9th Circus actually stood up for the Constitution.

I’m rendered speechless.

[Coleus]

I’m rendered speechless. >>

me too.

[monkeycard]

Thanks for the post.

[Coleus]

9th Circuit First Amendment Victory to CBR (pro-life victory)

[John Leland 1789]

A tricycle driver in the Philippines is one who uses a 90 to 150 cc 2-cycle motorcycle attached to a little covered side-car, for hire, to transport people locally for pennies.

We know several of these trike drivers in Batangas province who post abortion remains pictures (usually acquired from U.S. rigt-to-life sources, inside and outside their side-cars. It is quite effective. As grotesque as it appears, it makes people really think about the slaughter of the unborn.

Even though the Philippines has a 95+% Catholic population, abortion is on a steady increase. I'm not even sure the procedure is allowed in most hospitals, but it is taking place at an alarming rate.

[Libloather]

...me too.

Do you ever respond to items you post?

[IIntense]

Liberals don't own the United States but that's their goal. Their dishonesty on the abortion issue comes through loud and clear. They choose to teach only their own biased, pro-abortion views.

I don't know why this subject should even be mentioned in schools! When, and by what right, did schools expand their curriculum beyond teaching basic subjects?

Exposing students to the "rest of the story" by means of allowing them to see the actual results of abortions is totally justifiable. As disturbing as these pictures must be, students deserve the whole truth---not just what the liberals want them to know.

[Spok]

“I’m rendered speechless.”

And the SCOTUS says the Second Amendment protects individual gun rights. Next thing you know, they’ll start applying the protections of the constitution to regular citizens instead of just drug dealers, perverts and baby killers.

[LongElegantLegs]

I agree with the ruling in theory, but I don’t believe this is right. I saw a picture of a dismembered baby at a rally when I was a little kid, and it still haunts me.
If someone tried to shove pictures like that into my child’s face, I think I’d respond pretty violently.