Supreme Court Rules in Favor of Abortion Protesters

Posted on February 28, 2006

The Supreme Court dealt a setback Tuesday to abortion clinics in a two-decade-old legal fight over anti-abortion protests, ruling that federal extortion and racketeering laws cannot be used to ban demonstrations.

Anti-abortion groups brought the appeal after the 7th Circuit had asked a trial judge to determine whether a nationwide injunction could be supported by charges that protesters had made threats of violence absent a connection with robbery or extortion.

The 8-0 decision ends a case that the 7th U.S. Circuit Court of Appeals had kept alive despite a 2003 decision by the high court that lifted a nationwide injunction on anti-abortion groups led by Joseph Scheidler and others.

Writing for the majority, Justice Stephen Breyer said Congress did not intend to create “a freestanding physical violence offense” in the federal extortion law known as the Hobbs Act.

Quite a setback for selective free speech groups that have argued in using these laws to supress the free speech they disagree with.

The ACLU is nominally opposed to the RICO statute, and there are some senior members, like Washington official Antonio Califa, who are truly opposed to the invocation of RICO against any protesters, including opponents of abortion. However, due largely to the influence of Benshoof, the ACLU’s record is grievously stained in this area.Twilight of Liberty

It was actually her suggestion in a booklet titled, “Preserving the Right to Choose: How to Cope with Violence and Disruption at Abortion Clinics.” The ACLU would not tolerate the use of RICO against nuclear weapons dissidents, but in the case of anti-abortion protesters the matter is quite different. In fact, the ACLU has actually used the RICO against them. When pro-life demonstrators were sued under RICO in Philadelphia, the local chapter of the ACLU filed an amicus brief on behalf of the plaintiffs, the Northeast Women’s Center.

Other sources: NY Times
Washington Post
Generation for Life

» Filed Under 1st Amendment, Abortion, News, Supreme Court