ACLJ Stands Before Seventh Circuit To Defend Brandon Hamman’s Right To Proclaim Life

Today I stood before the United States Court of Appeals for the Seventh Circuit and told three federal judges what we’ve been saying since the moment Carbondale, Illinois, pulled Brandon Hamman’s pro-life signs out of the ground: This was never really about traffic safety. It was about silencing a message the city didn’t like.

You already know Brandon’s story. On April 16, 2025, he stood outside the CHOICES abortion facility with small yard signs reading, “Love Your Preborn Neighbor as Yourself” and “We Will Adopt Your Baby.” Within minutes, the city manager, the city attorney, a code enforcement official, and police officers descended on him. His signs came out of the ground. His voice, effectively, went with them.

Today we asked the Seventh Circuit to give that voice back.

We presented four independent reasons why the district court got this wrong – any one of which is enough to reverse.

First, Carbondale’s sign ordinance is a maze even its own officials can’t navigate. The city’s code contains three conflicting definitions of “public right of way.” The city attorney, put on the spot by the district judge herself, pointed to a fourth provision his own city’s brief doesn’t even cite. At one point during the hearing below, the judge said it herself: “Oh, I am glad I’m not the only one confused then.” Meanwhile, the ordinance tells nonprofits they can get a permit, yet when they ask for one, it says that permits don’t exist.

Second, the city never justified its blanket ban with a shred of evidence – no traffic study, no expert, no accident data. The Seventh Circuit’s own precedent in Luce v. Town of Campbell required exactly that kind of proof before a city can silence political speech near a roadway. Carbondale offered none. Worse, the only safety testimony in the entire record came from Brandon himself – explaining that carried signs are the ones that can blow into traffic by heavy winds, which is precisely why he staked his into the ground.

Third, this ordinance discriminates based on messages: Block parties can get permits for signs, while pro-life speakers are silenced.

Fourth and most disturbing: This record contains a supervising police sergeant’s own words – spoken while the enforcement action against Brandon was still unfolding – admitting that city officials would “not condone this because ideologically” they disagreed, but that a different message would be welcomed. That is not neutral code enforcement. That is viewpoint discrimination, caught on camera.

We don’t know yet how the panel will rule. But we know this: Brandon Hamman had every right to proclaim that life is precious, on public ground, without asking his city’s permission for what he’s allowed to believe and say.

Today we made that case forcefully. Take action with us and sign our petition.