The Right of Speech and Assembly v. the Abortion Establishment

The Independence Law Center won two cases before the United States Court of Appeals for the Third Circuit involving the use of a public alley by pro-life counselors outside of an abortion clinic in York, Pennsylvania.

Police, paid for and directed by Planned Parenthood, arrested one pro-lifer for merely entering a public alleyway in order to hand a piece of literature to someone going to the clinic. Another was threatened with arrest for walking while holding a sign in the alley.

The Court recognized that core speech and religious rights were at stake and questioned whether there could be any justification for keeping the pro-life counselors out of the alley, particularly in light of the access given to others. Following the decision, the City agreed to a full settlement of the cases. “We are grateful for the victories,” said the Independence Law Center’s Randall Wenger who argued the cases. “Pro-life counselors should not be denied access to a public place because of who they are or what they stand for. Our hope is that these cases will bring about changes so that pro-life counselors are no longer harassed outside of this or other clinics.”