PHILADELPHIA — The U.S. Court of Appeals for the 3rd Circuit reversed a federal judge’s decision against two pro-life advocates Monday, saying that the two men deserve to have their cases considered by a jury. Alliance Defense Fund attorneys and allied attorneys represent
Edward Snell and
John McTernan, who were arrested and threatened with arrest, respectively, for exercising their First Amendment rights in a public alley next to a Planned Parenthood abortion clinic.
“Christians shouldn’t be arrested or threatened with arrest for expressing their beliefs on public property,” said Randall L. Wenger, lead counsel in the case and chief counsel of the Independence Law Center in Harrisburg, who litigated the case along with ADF-allied attorney Dennis Boyle.
“We are pleased that the court has decided to take into full consideration the free speech claims of these law-abiding pro-life counselors,” said Wenger. “We are also confident that the court will recognize that the counselors should not be unlawfully prevented from exercising their First Amendment rights--even if Planned Parenthood doesn’t like their pro-life message.”
In November 2004, Snell was arrested in a public alley when he peacefully attempted to hand out literature and speak with people walking to a Planned Parenthood abortion clinic from its parking lot. McTernan was threatened by a police officer with arrest in September 2005 if he continued to use the same alley, where he simply wished to hold a pro-life sign.
Wenger argued before the 3rd Circuit at a hearing in October after a district court judge ruled in favor of the city of York and the police officers in 2007.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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