UH reaches settlement in suit, agrees to halt curbs on speech (Victory for Pro-lifers)

The Houston Chronicle ^ | 6/12/03 | Ron Nissimov

[LdSentinal]

University of Houston will eliminate some restrictions on campus speech and pay $93,000 in attorneys' fees to settle an antiabortion student group's lawsuit, school officials said Wednesday.

UH will amend its free speech policy by June 30 by allowing exhibits to go up in Butler Plaza, in front of the main library. That location became the center of last year's legal dispute when UH tried to ban 15-foot-tall pictures of dead fetuses.

UH will also eliminate a ban on anonymous leaflets on campus and on students carrying signs or wearing sandwich boards, said Benjamin Bull, an attorney representing the Pro-Life Cougars student group.

"Universities are not black holes where only orthodox views are allowed to shine," said Bull, who works for the Alliance Defense Fund, a Christian legal organization in Scottsdale, Ariz. "Students are entitled to learn the truth about all difficult issues, including abortion.

"This should be a message to other public universities that restrict pro-life speech on campuses."

Bull said UH gave in to all the suit's demands, "like Lee surrendered at Appomattox."

UH spokesman Mike Cinelli declined to say whether the university conceded defeat. UH officials never tried to restrict the exhibit because of its content but because the location in front of the library could have disrupted students, he said.

Bull strongly disagreed.

"We think the university has engaged in discrimination in favor of pro-abortion speech," he said. "From the beginning, we knew what this case was about."

UH officials allowed a similar exhibit in Butler Plaza in spring 2001, but that summer drafted a free speech policy denying use of Butler Plaza for free speech activities.

In fall 2001, UH said the group's exhibit could be erected only in one of four "free speech zones" on campus, prompting the group to sue in January 2002.

Free speech zones were created in the 1960s to try to control potentially disruptive speech in the wake of student activism, but they were not actively enforced until the 1980s and 1990s. In recent years, they have increasingly come under legal attack as being overly restrictive.

In June 2002, U.S. District Judge Ewing Werlein Jr. said UH's free speech policy was unconstitutional because it gave Dean of Students William F. Munson "unfettered discretion" in determining what events could be held at Butler Plaza.

UH officials then maintained they would not have to allow the exhibit on the plaza because they had revised their policy. The new policy also specified that Butler Plaza could not be used for free speech activities, but UH officials said the policy would meet constitutional muster because it provided specific guidelines on regulating the time, place and manner of free speech.

Werlein refused UH's request to rescind his ruling, and the 5th U.S. Circuit Court of Appeals declined to intervene. UH officials then agreed to allow the antiabortion display on the plaza.

The display went up last September. Shortly afterward, the Pro-Life Cougars group amended its suit to challenge the revised policy and other speech restrictions on campus.

UH history professor Bob Buzzanco said he and seven or eight professors upset with the first antiabortion exhibit met then with UH administrators to say the plaza was off-limits to student speech.

The day after the war in Iraq started, Buzzanco led a "teach-in" on the plaza attended by a few hundred students.

"We decided if they had an antiabortion protest on the plaza, we would have our own," Buzzanco said. "The university didn't stop us."

[TheAngryClam]

I'm always confused by the vehemently pro-life people toting around these gigantic placards of mangled fetuses.

I suspect that they're, deep down behind all the moral self-righteousness, very similar to teenagers who buy "Faces of Death" and "Exploding Rodents" videos or visit Rotten.com

[RJayneJ]

Quote of the Day by Carry_Okie

[Neo_objectivist]

I suspect that they're, deep down behind all the moral self-righteousness, very similar to teenagers who buy "Faces of Death" and "Exploding Rodents" videos or visit Rotten.com

I agree .. and add those Holocaust museum kiddos into the same juvenile group. /insert sarcasm

[Rodney King]

More likley, the hold the following views, none of which is particualrly out of the mainstream:

1. Abortion is the killing of a human life.
2. The pro-abortion forces work hard to keep the public from seeing the results of abortions.
3. Therefore, if the public knew what really went on in the abortion mills, they would be outraged.
4. The logical conclusion, then, is to show the public what goes on in the abortion mills.

Now, you might disagree with any of the above points, but none of them is irrational, and the people who hold those views simply hold those views. They do not necesarrily have some deep psychological problem.

I for one was radically changed when my daughter was a 2 month old fetus and I saw the ultrasound. Up until then, I bought the media hype that she was basically a clump of cells. A quick look at the ultrasound revealed that not to be the case.

[The Red Zone]

How about this non-mangled fetus pre-born?

[TheAngryClam]

See, that works better. I question some of the motives of people who prefer the particularly grisly images. Not only is it not as effective (people react strongly against such images, closing their mind to the message), but it's almost downright creepy- I know some surgeons who became surgeons because they loved the idea of cutting up people and all the blood, but, damn it, I'd rather not know if one of THAT kind were working on me.

I think that people would get better mileage out of trying to humanize the fetus through photos like that the one of the fetus grabbing the surgeon's finger, rather than parade around the "look! a decapitation! gore! shocking!" photos that many of them seem to take glee in.

[Cindy]

LIFE!

[Fearless Flyers]

I believe there has been a desensitizing of America and you can’t reach all the people if you don’t recognize this. As offensive as it may seem Blood and Gore are likely to sell on a College Campus. I’m sure there are still many that are turned off by the display of mangled fetuses, but most of these people would already hold Pro-Life positions and the images are not likely to change their minds.

I have heard of these displays being used at traditional conservative family events like stock car races and I would say this approach can be offensive. A more subtle approach with statements like “Secure the Blessings of Liberty for Our Posterity” would be more appropriate for some audiences and even the fetus in a teardrop should be used with restraint.

If your goal is to reach all the people, you have to know when to change tactics and turn your back on the choir.

[noirgirl]

Do you know exactly how old the fetus in this picture is? I am just curious.

[victim soul]

THERE IS NO "GLEE" BUT INTENSE GRIEF IN SHOWING THE ACTUAL RESULTS OF STATE SANCTIONED MURDER OF OUR OUR LIVING AND INNOCENT POSTERITY ESPECIALLY WHEN PEOPLE REACT SO STRONGLY AGAINST THE SHOWING OF "THE PICTURE" RATHER THAN DO ANYTHING TO STOP THE KILLING OF SUCH LITTLE ONES.

Baby Malachi – found in JAR in Texas 1993
from Operation Save America

Baby Malachi,
A History

This little baby boy was found frozen in a jar with three other little children at an abortion mill in Dallas, Texas, in February 1993. We were stunned when we found him. There were jars upon jars of frozen children in that abortion mill. Rhonda Mackey, our executive secretary, brought this one jar out and asked me what we should do with it. I had no idea, but I instinctively knew we could not leave it there. We brought the jar to Dr. McCarty, a wonderful Ob-Gyn in Dallas, who put the pieces of this baby and the others back together.

The entire process was put on video as Dr. McCarty, and all who were present, wept at the reconstruction of these precious children. The life that was once there was now gone forever. It became apparent to all of us that God had given us these children, one in particular, to show to the entire world the horror of abortion. One picture can speak louder than a truckload of words.

We prayed, and asked God to allow this little boy to speak to our nation. We remembered the scripture in Hebrews 11:4: "…he still speaks, even though he is dead." It was upon a very specific revelation from our Lord that we had the picture of one baby blown up to poster size. Rhonda asked me if she might have the privilege of naming this little baby boy. She prayed, and God gave her the name that this child would become known by all over the world - Malachi!


This name strikes terror in the hearts of those who kill children, for they know that this child, more than anything else, reveals the incredible horror of what abortion really is. It strikes terror in the hearts of pastors who know they should be taking a bold stand for our Lord's children but realize that, if they do, they will suffer at the hands of their own congregations. It brings terror to Christians who do not want to be confronted with their sin in such a graphic manner. It brings terror to those who agree with their lips that abortion is murder, but by their actions prove that it is really OK! Yes, the picture of baby Malachi exposes the hypocrisy that resides in all of our hearts.

The name Malachi literally means my messenger. Rhonda couldn't wait to share what God had revealed to her. God was going to use Malachi to be a messenger to His church, to our nation, and to the world. Yes, Malachi would reveal the truth that abortion is murder, and that we must speak for those who, like Malachi, cannot speak for themselves. I reminded her of the last verse in the last book of the Old Testament: "He will turn the hearts of the fathers to their children, and the hearts of the children to their fathers…." Malachi 4:6.

We prayed that Malachi would indeed be the messenger that would turn the hearts of fathers to their children. He has done that. Yes, he has done that and so much more! Though he is dead, yet he still speaks! Thousands upon thousands of children have been saved because of his precious little life. It lasted only 21 weeks, yet fathers are now joining the battle to defend the defenseless.

We buried Malachi at the Cemetery of the Innocents in Dallas, Texas, in the summer of 1993. The funeral was held at the mammoth front portico of the Dallas City Hall. Hundreds gathered to pay their last respects to Malachi. We loved him deeply though we knew him not. When those in City Hall realized that we were having a funeral for a real child they demanded that the Dallas Police put a stop to the whole funeral. Captain Kowalski, the head of SWAT in Dallas, told his superiors that he would in no way violate this funeral. This man, who had arrested us on several occasions, now joined with us in honoring the life of this one small (so very small) child. He stood for Jesus. HE STOOD!

When he relayed to me that he would not interfere with the memorial service, nor would he allow anyone else to interfere, I wept. I wept because I knew that Captain Kowalski was now taking his stand and all his officers knew it - all City Hall knew it! I wept because I knew that Malachi was beginning his missionary journey and that he was already fulfilling the purpose for his short life.
Listen to these words, you mothers and fathers who have aborted your children. Listen to these words you, who have failed so miserably and found there is no way to undo the wrong you have done. Hear the word God and your child are speaking to you: "You intended to harm me, but God intended it for good to accomplish what is now being done, the saving of many lives." Genesis 50:20.

If you know the mother and father of Baby Malachi, would you please tell them that God is using him powerfully to speak for those who cannot speak for themselves? Will you please let them know, that though they intended him harm, God is using it for good? Will you please tell them that God loves them and that the guilt that has driven them so far from Him can be overcome in one divine moment? Please let them know that it is time to come home to Jesus.

[JohnnyZ]

Not only is it not as effective (people react strongly against such images, closing their mind to the message),

Reportedly that's not true; people are certainly revulsed by the dead baby pictures, but they are more effective at changing opinions. It's not something they're likely to forget.

[TheAngryClam]

I'm willing to bet that there is some, deep down, in "freaking out the squares." Don't even try to deny that when you get a disgusted look from a clinic worker or campus leftist that you don't feel a certain sense of glee.

[AgThorn]

Conservatives that show placard of dead fetuses are doing the world a service for showing and reminding us all of the Holocaust that is in our midst. If you think there is some other motivation for people doing this, perhaps you have been in Berkley too long ... ;-)

I am sure that the Berkley campus could use some similar enlightenment of the truth .... so how about a pro-life sandwich board for you? If not, drop a few dollars in the pot to those that do so. God bless them!

[JRandomFreeper]

regulating the time, place and manner of free speech.

Then it ain't free, is it?

/john

[nickcarraway]

BUMP

[JusPasenThru]

Pro-life bump.

[patriciaruth]

I'm always confused by the vehemently pro-life people toting around these gigantic placards of mangled fetuses.

Perhaps if you were in Germany in the early 1940's you would be confused by a Jew-lover toting gigantic placards of gassed Jewish corpses. I would be, too, as they didn't have the right to protest the slaughter of those innocents either. In fact over half of the Jews killed in the concentration camps were children.

Abolitionists were a pain in the neck in the 1800's, too.

[TheAngryClam]

I suspect all the references to the American Holocaust don't win many friends either.

The fact is that, regardless of your own beliefs, or the truth of the matter, such statements and actions make pro-lifers look like nutcases, and that doesn't serve the goal of ending abortion at all.

Consider the antiwar protests. Most of those people probably believed their signs about "Bush = Hitler" and "USA is the Greatest Terrorist," but that made them seem like mental patients to most of the country, because it was too far out there.

I'm simply saying that these things are actually the same as those.

[patriciaruth]

All people who stand up for higher morality look like nutcases.

This has been true all my life. It will be true all your life.

That's why we have to proudly own our labels--like Jesus Freaks.