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Federal Court Clears Way for Pro-Life Message in Pittsburgh

By 

Jay Sekulow

June 9, 2011

2 min read

Pro-Life

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It did not take long. 

Our attorneys went to U.S. District Court in Pittsburgh this morning to ask a federal judge to grant a Temporary Restraining Order (TRO) on behalf of our two pro-life clients - Kathleen A. Ramsey and Albert A. Brunn - who want to distribute pro-life leaflets on parked cars in advance of the Nov. 2nd election.  The problem: the City of Pittsburgh has an ordinance on its books that prohibits such action.

We went to federal court last week and filed a lawsuit on behalf of our clients.  We assert that the city's ordinance is overbroad, vague and impinges on the rights of free speech and due process that the United States Constitution guarantees. 

We also asked the court to grant a Temporary Restraining Order so our clients could proceed with this leaflet distribution without fear of being punished under the ordinance.

Our attorneys were in court on that request this morning - and just hours later, U.S. District Court Judge David Stewart Cercone did just that - granted our motion for a TRO

The court determined that "Plaintiffs have shown (1) a reasonable probability of success on the merits; (2) that they will be irreparably harmed by denial of the relief as their First Amendment rights of free speech will be restricted; (3) the relief will not harm the City of Pittsburgh; and (4) such relief will be in the public interest. . . ."

The court also ordered that police "are enjoined from enforcing Pittsburgh Ordinance 601.02 against plaintiffs and others not before this court, including through arrest, charge, citation, or prosecution, while they are exercising their protected freedoms of speech and expression through the distribution of leaflets, flyers, and the like on public and private property in the City of Pittsburgh from this day until a hearing on a preliminary injunction shall be completed. . . ."

You can read the court order here.  You can read more about the victory here.

This significant victory clears the way for our clients to express their First Amendment rights of free speech this election season.  We're delighted that they can now - without fear of punishment and penalty - stand-up for protecting life and speak out against abortion.

The court has set a hearing date for November 12th to hear our motion for a Preliminary Injunction in this case.  We will keep you posted.

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