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Federal appeals court says abortion foes intimidated doctors
Associated Press ^ | May 16, 2002 | David Kravets

Posted on 05/16/2002 1:26:15 PM PDT by gdani

Edited on 04/13/2004 2:40:18 AM PDT by Jim Robinson. [history]

A federal appeals court reversed course Thursday and ruled that anti-abortion activists who created Wild West-style posters and a Web site condemning abortion doctors can be held liable because their works amounted to illegal threats, not free speech.

However, the sharply divided 9th U.S. Circuit Court of Appeals ordered a lower-court judge to reduce the $107 million in damages a Portland, Ore., jury awarded to four doctors who sued a dozen of the abortion foes.


(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: abortion; freespeech; nurembergfiles; website
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Supreme Court, anyone?
1 posted on 05/16/2002 1:26:15 PM PDT by gdani
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To: gdani
"During the trial, U.S. District Judge Robert Jones had told the jury the posters and Web site should be considered threats if they could be taken as such by a "reasonable person."

Sorry, the last surviving reasonable person died of old age in 1986.

2 posted on 05/16/2002 1:32:33 PM PDT by proxy_user
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To: gdani
I'm curious; regardless of where you stand on abortion rights, does anyone think that the Nuremberg Files website was supporting violence against abortion providers, and do you think that violence is an appropriate tactic?
3 posted on 05/16/2002 1:36:22 PM PDT by moderation_is_not_a_bad_thing
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To: proxy_user
No, I'm still alive, for good or ill... 8~]
4 posted on 05/16/2002 1:43:04 PM PDT by tracer
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To: gdani
Breakdown of judges for this decision and appointments:

Majority

Rymer - Bush
Schroedor - Carter
Hawkins - Clinton
Silverman - Clinton
Wardlaw - Clinton
Rawlinson - Clinton

Dissent

Reinhardt - Carter
Kozinski - Reagan
Kleinfeld - Bush
Belzon - Clinton
O'Scannlan - Reagan

5 posted on 05/16/2002 1:50:17 PM PDT by gdani
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To: gdani
Jones also had instructed the jury to consider the history of violence in the anti-abortion movement, including the slayings of Slepian and two other doctors whose names had appeared on the list.

Neglecting to mention that (1) No killer has been convicted in the Slepian case; (2) History shows that it is much more likely that an abortionist will get struck by lightning than 'executed'.

6 posted on 05/16/2002 2:00:14 PM PDT by HiTech RedNeck
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To: gdani
Bush Senior or Dubya?
7 posted on 05/16/2002 2:00:53 PM PDT by HiTech RedNeck
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To: HiTech RedNeck
Bush Senior or Dubya?

You mean there's been TWO Bushes as prez? My world's gone topsy-turvy

(Senior)

8 posted on 05/16/2002 2:02:52 PM PDT by gdani
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To: moderation_is_not_a_bad_thing
does anyone think that the Nuremberg Files website was supporting violence against abortion providers

I would like someone to explain to me why the website is relevant at all, since the proprietor of the website is not a defendant in the case. The pro-aborts are drifting from merely evil to blatantly insane; they're now prosecuting pro-lifers for "crimes" allegedly committed by other pro-lifers.

9 posted on 05/16/2002 2:08:51 PM PDT by Campion
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To: gdani
Jones also had instructed the jury to consider the history of violence in the anti-abortion movement

See what I mean? You can now be prosecuted under federal law if people who agree with you commit violent acts. If that doesn't constitute prior restraint on free speech, I don't know what does.

10 posted on 05/16/2002 2:11:59 PM PDT by Campion
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To: moderation_is_not_a_bad_thing
I'm curious; regardless of where you stand on abortion rights, does anyone think that the Nuremberg Files website was supporting violence against abortion providers, and do you think that violence is an appropriate tactic?

I did spend some time looking over the site. No, I don't believe there was expressed support for violence against abortion doctors.

Is violence against providers an appropriate tactic, you ask? Considering who might be reading this thread, if I did believe violence was (is) an appropriate tactic I certainly wouldn't say so here. Talk about asking for a knock on your door . . .!

11 posted on 05/16/2002 2:18:39 PM PDT by toddst
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To: toddst
I'm curious; regardless of where you stand on abortion rights, does anyone think that the Nuremberg Files website was supporting violence against abortion providers, and do you think that violence is an appropriate tactic?

I guess it depends on how you look at it.

One thing I do know: Neil Horsely, the owner of the Nuremberg Files, was a confidant of Mark Waagner, the cretin arrested for the phony anthrax letters to abortion clinics last year. Horsely is a strange character who spent his five minutes on The Big Story with John Gibson last year yelling at Gibson because he didn't spend every show condemning abortion.

12 posted on 05/16/2002 2:32:30 PM PDT by sinkspur
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To: gdani
Another biased,agenda driven judge basing a decision on"LEGAL NOTHINGNESS".SO WHAT if some "candyas*es"were intimidated!
13 posted on 05/16/2002 2:57:32 PM PDT by INSENSITIVE GUY
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To: INSENSITIVE GUY
Another biased,agenda driven judge basing a decision on"LEGAL NOTHINGNESS".SO WHAT if some "candyas*es"were intimidated!

I agree with you. I do feel, though, that outlawing abortion all together would solve this problem.

14 posted on 05/16/2002 3:07:20 PM PDT by concerned about politics
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To: gdani
Breakdown of judges for this decision and appointments:

Considering the topic, shouldn't this list come with addresses?

15 posted on 05/16/2002 4:03:47 PM PDT by IncredibleHulk
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To: gdani
Isn't the 9th court the one in San Francisco, the one also that SCOTUS overturns more than any other?
16 posted on 05/16/2002 4:45:26 PM PDT by Recovering_Democrat
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To: moderation_is_not_a_bad_thing
I'm curious; regardless of where you stand on abortion rights, does anyone think that the Nuremberg Files website was supporting violence against abortion providers, and do you think that violence is an appropriate tactic?

A long time ago, law dealt with facts and acts. Now, we are in a world where thoughts, feelings and attitudes are legislated.

1984 has finally arrived. ThoughtCrime is now considered in the judical proceedings of our highest courts.

As to question 2: Violence is the American Way, n'est pas? But, somehow, the prolife side is now forced to uniquely carry this albatross, along with drug thugs. I saw it on TV. It must be real.

Do an analysis of all the incidents of real violence committed by misguided prolifers against 47,000,000 dead babies.

17 posted on 05/16/2002 4:51:48 PM PDT by don-o
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To: Recovering_Democrat
Isn't the 9th court the one in San Francisco, the one also that SCOTUS overturns more than any other?

It is. There have been occasions where a SCOTUS justice stays available so that as soon as the 9th circuit makes a ruling he can issue a stay. (This is for cases where the circuit is blocking an execution at the last minute, the SCOTUS justice stays the circuit's order, and the execution proceeds)

18 posted on 05/16/2002 4:58:20 PM PDT by Lucius Cornelius Sulla
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To: moderation_is_not_a_bad_thing
does anyone think that the Nuremberg Files website was supporting violence against abortion providers, and do you think that violence is an appropriate tactic?

Yes to the first question and no to the second.

19 posted on 05/16/2002 4:59:08 PM PDT by valkyrieanne
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To: don-o
The "thought police" ARE sitting on the 9th circuit. Imagine that-- a picture is worth a thousand words, and the judges over-ruled all but a few.
20 posted on 05/16/2002 6:17:04 PM PDT by let freedom sing
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