Federal Appeals Court Rules First Amendment Rights Of Antiabortion Advocates Were Violated

Main Category: Abortion
Article Date: 04 Jul 2008 - 5:00 PDT

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A three-judge panel of the 9th U.S. Circuit Court of Appeals on Wednesday ruled that the First Amendment rights of two antiabortion advocates were violated when they were ordered to stop circling a Rancho Palos Verdes, Calif., middle school in a truck displaying graphic images of aborted fetuses, the Los Angeles Times reports (Kim, Los Angeles Times, 7/3). The judges said that "[t]he government cannot silence messages simply because they cause discomfort, fear or even anger" (Egelko, San Francisco Chronicle, 7/3).

According to the Times, a 7-by-20-foot truck with photos of fetuses on three sides appeared near Dodson Middle School around 7:30 a.m. on March 24, 2003, as students arrived for school (Los Angeles Times, 7/3). Assistant Principal Art Roberts later testified that he saw "two or three" girls cry and had to discourage several boys from throwing stones at the truck. Roberts also said it was more difficult than usual to get the children into school and that at least one class discussed the images rather than its regular lessons. Roberts called the Los Angeles Sheriff's Department, which stopped and searched the truck and another vehicle and then ordered the advocates from the group Center for Bio-Ethical Reform to leave the area (Elias, AP/Fresno Bee, 7/2).

The Center for Bio-Ethical Reform filed a federal lawsuit, and a lower federal court upheld the actions of law enforcement and school officials (San Francisco Chronicle, 7/3). John Allen, a lawyer for Roberts, said heavy traffic outside the school and the students' reaction to the truck led Roberts to decide the display "was creating an imminent danger of physical harm to the students." Allen added, "If we had failed to call police and children were injured, we would face liability for that." Wednesday's action by the appellate court panel overturned the lower court ruling. The panel also ruled that the individual deputies and school officials could not be held liable for First Amendment violations. "A reasonable officer in the deputies' situation could believe that their actions were lawful," Jennifer Lehman, a lawyer in the county counsel's office, said (Los Angeles Times, 7/3).

Law enforcement officials cited a state law barring disruptive activities near the school ground (San Francisco Chronicle, 7/3). Judge Harry Pregerson, author of the majority opinion, said that the state law can prohibit speech that is disruptive because of the way it is expressed -- such as through a blaring loudspeaker -- but not because of its content. "That conduct was disruptive only because of the audience's reaction to the content of the speech," Pregerson stated in the majority opinion, adding, "All of these reactions were triggered by the upsetting message on the truck, not by noise or physical obstruction" (AP/Fresno Bee, 7/2). Pregerson also wrote that the activists' "speech was permitted until the students and drivers around the school reacted to it, at which point the speech was deemed disruptive and ordered stopped. This application of the statute raises serious First Amendment concerns" (Los Angeles Times, 7/3). Allen said a decision on whether to appeal the ruling has not been made (San Francisco Chronicle, 7/3).

Reaction

According to the Times, the suit is one of several First Amendment-related "battles" the Center for Bio-Ethical Reform is having across the country. The group has trucks and planes that carry graphic images of aborted fetuses to expose the public to what its members call "the reality of abortion" (Los Angeles Times, 7/3). A lawyer for the Center for Bio-Ethical Reform said the ruling was "a tremendous victory for the pro-life movement" (San Francisco Chronicle, 7/3). Gregg Cunningham, the center's executive director, said, "There are some realities which cannot be adequately communicated with words alone," adding, "Students who are old enough to have an abortion are old enough to see an abortion."

Mary-Jane Wagle, CEO of Planned Parenthood Los Angeles, said her group was concerned that young children may be exposed to graphic images without proper discussion in school or at home. "Certainly we know they will be horrified, but will they understand what they see? We don't know," Wagle said, adding, "We really believe that what's important is for families to talk about these issues at home, in a safe place" (Los Angeles Times, 7/3).

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