ACLJ Replies in Federal Court Case Supporting Pro-Life Sidewalk Counselors | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Supporting Pro-Life Sidewalk Counselors in Federal Case

By Michelle Terry1545836400000

This week the ACLJ, on behalf of our clients Anthony Miano and Nicholas Rolland, replied to a brief filed by the Defendants, Iowa Attorney General Thomas Miller and Johnson County Attorney Janet Lyness, in our case, Miano v. Miller, in federal court in Iowa.

As we told you here, on November 27th, the ACLJ filed a Motion for Preliminary Injunction on behalf of our clients. In this case the ACLJ is challenging an Iowa state statute which makes it a misdemeanor to make “loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.” Our clients conduct pro-life outreach outside of abortion clinics in Iowa, and have suffered arrest and threats of future arrest and prosecution for their pro-life speech activities.

The government Defendants responded to our Motion by filing a Resistance Brief on December 11th. Defendants’ Resistance focuses substantially on the assumption that loud speech is not protected by the First Amendment. Defendants also contend that because the state has an interest in protecting the safety and welfare of its citizens, that it may silence speakers when it sees fit – or, as here, when a speaker causes “distress” to someone nearby.

We promptly filed a Reply Brief on December 18th, outlining the flaws in the Defendants’ arguments and reiterating our request that the District Court prevent Defendants from enforcing this unconstitutional law against our clients and anyone else in Johnson County, Iowa, who wants to conduct the same type of ministry.

We explained that the First Amendment does not apply only when “one keeps his or her voice down and engages in a polite protest. . . . Public protest, demonstration, and dissemination of ideas and beliefs are no less protected by the First Amendment simply because they may be loud.” Moreover, speech cannot be prohibited simply because someone takes offense to it. Such a threshold as this would be “so inherently subjective that it would be inconsistent with [the Supreme Court’s] longstanding refusal to [punish speech] because the speech in question may have an adverse emotional impact on the audience.”

We will continue to keep you updated as this case progresses. In the meantime, please join the fight to defend the unborn and sign our petition against pro-abortion laws. Your support on pro-life matters throughout 2018 has been invaluable, and we are grateful. We look forward to continuing to work together with you in 2019 on behalf of the unborn and their mothers.

Defeat Pro-Abortion Laws & the Abortion Industry

Pro Life  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

We're aggressively battling in federal court to defeat the abortion industry & pro-abortion laws. Your gift - of any size - will help save lives.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
Pro Life

Mixed Court Ruling Strikes Down 2 Pro-Life Laws

By Olivia Summers1571087178928

Recently, a federal court judge in the Eastern District of Virginia handed down a mixed ruling in the Falls Church Medical Center, LLC v. M. Norman Oliver, Virginia Commissioner case. In his ruling , U.S. District Judge Henry Hudson struck down two laws that protected children in the womb and...

read more

HHS Redirects Title X Grants Away From Planned Parenthood

By Matthew Clark1570723083886

Like a petulant child, Planned Parenthood has essentially taken its ball and gone home, withdrawing from the Title X program because the Trump Administration won’t let it keep raking in millions from American taxpayers while it works to expand abortion across the country. As a result, healthcare...

read more

Witness Testimony Opens Door to Expose Appalling Practices

By Michelle Terry1570559605816

Witness testimony has begun in our fight against Planned Parenthood, and it’s dragging the abortion giant’s appalling deeds into the light. We recently told you that a pro-life investigative group called the Center for Medical Progress (CMP) is under attack for pulling back the curtain on Planned...

read more

Church Near Planned Parenthood Concerned It May be a Target

By Michelle Terry1570209300000

The American Center for Law & Justice represents the Everett, Washington, chapter of The Church at Planned Parenthood . The Church at Planned Parenthood-Everett (“TCAPP”) is an organization that hosts a “gathering of Christians for the worship of God and the corporate prayer for repentance for this...

read more