Posted on 01/14/2009 12:46:22 AM PST by Fred
ANN ARBOR, MI The U. S. Supreme Court announced on Monday that it has denied a request to review a Ninth Circuit Court of Appeals decision that upheld the constitutional rights of pro-life activists to display graphic photos of aborted babies on the public streets in California. The Supreme Courts decision cements a victory for the Thomas More Law Center and the pro-life cause.
In July 2008, court observers were stunned when a unanimous 3-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court decision and held that pro-life activists had a constitutional right to display large graphic photos of aborted babies on the public streets adjacent to the Dodson Middle School in Rancho Palos Verdes, California. The case involved a 75-minute police detention of two members of the Center for Bio-Ethical Reform, Inc. (CBR), a California-based pro-life organization. The CBR members had been driving a box-body style truck that displayed large photos of first-term aborted babies on its sides.
School officials and the LA County Sheriffs Department claimed that the photos were disruptive in violation of a California penal statute. The Ninth Circuit ruled that deputy sheriffs violated the pro-lifers First Amendment right to Free Speech and their Fourth Amendment right to be free from unreasonable police seizures when they halted the peaceful demonstration.
In the opinion, which was written by Judge Harry Pregerson, who is considered by many to be one of the most liberal judges in the Ninth Circuit, and supported by Judges William A. Fletcher and Marsha S. Berzon, the Court ruled that the government cannot silence messages simply because they cause discomfort, fear, or even anger.
Click here to read the entire opinion.
The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, brought the case on behalf of CBR. The mobile billboard truck is part of CBRs effort to expose as many people as possible to the horrors and realities of abortion.
Robert Muise, trial counsel for the Law Center who handled the case, commented on the decision, This is a tremendous victory for the First Amendment and the pro-life movement. The Supreme Courts decision leaves the Ninth Circuits ruling undisturbed, ensuring that there is no double standard for pro-life speech and affirming the fundamental principle of the First Amendment that government officials cannot prohibit silent, peaceful, non-obstructive, political speech on the public streets simply because certain listeners or viewers find the speech offensive.
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services.
In the minds of many pro-choicers, bloody fetus pictures=anti-abortion extremism=abortion clinic bombers=crazies. And our popular media reinforces these stereotypes.
A woman in difficult circumstances considering abortion will block these graphic pictures out of her mind and avoid interacting with what she sees as self-righteous pro-lifers who have no understanding of how it feels to be in her shoes.
It is far better to show mercy for her and be approachable than alienate her and remove all opportunity for discussion.
The medical picture you show is not a bloody picture of baby body parts and is not what the case was about.
11-13 year olds need to see the bloody pictures? There was a middle school close by.
I know. someone mentioned that non-bloody photos were possibly more effective. I was pointing out that there were already such photos circulating. The shocking photos Are more effective at communicating the brutality of Abortion. IMHO
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