May 13, 2008Silencing pro-life speech is unconstitutional, but that hasn't stopped many public officials from doing so. While the result is always inexcusable, the methods used are often quite creative. Take Raleigh, North Carolina, where officials excuse their censorship by blaming the "permit process."
On August 23, 2003, Dennis Green and his family stood at a public right-of-way in Raleigh, peacefully distributing literature and holding a sign that communicated their pro-life views.
Local police officers quickly paid homage to the "permit process," telling the Greens to cease their activities immediately or receive a citation for picketing without a permit. They also threatened to confiscate Dennis' sign – in a kind of modern-day twist on the old playground refrain, they told him they'd take
his ball and he could go home.
But thankfully, Dennis recognized that his First Amendment right to free speech is no game. ADF attorneys are working to restore Dennis' religious freedom. A three-judge panel of the U.S. Court of Appeals for the 4th Circuit ruled against Green on April 16, but our attorneys have asked the court to rehear the case because of key factual and legal matters the panel overlooked in its decision.
"The government can't require citizens to request permission before they exercise their First Amendment rights," said ADF Senior Counsel Nate Kellum.
"The policy used by Raleigh officials to silence pro-life speech is clearly unconstitutional. The panel's decision stands in direct conflict with other 4th Circuit decisions, the decisions of other federal circuits, and even the U.S. Supreme Court."A copy of the en banc appeal and petition for panel re-hearing is available at
www.telladf.org/UserDocs/GreenEnBanc.pdf.
ADF is determined to defend the rights of individuals like Dennis Green. Our Founding Fathers designed a constitution that protected religious freedom; by God's grace, we will work together to keep it that way.