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City Officials Unconstitutionally Direct Police To Issue Criminal Citations to Pro-Lifers for Having Signs on Public Property in Front of Abortion Clinic

By 

Jordan Sekulow

|
April 24

3 min read

Pro-Life

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The ACLJ is taking action to defend the constitutional rights of a peaceful pro-life advocate who was threatened with criminal charges for simply exercising his First Amendment freedoms in Carbondale, Illinois.

On April 16, our client Brandon, a sidewalk counselor and founder of Gospel for Life, was peacefully advocating for life with pro-life signs in the public area near an abortion clinic. As part of his outreach, he used small temporary signs similar to a yard-sale sign that read “Please don’t abort your baby” or “Free baby supplies” to women in crisis pregnancies.

That’s when Carbondale officials stepped in – not to protect free speech, but to suppress it.

A city employee, under direction from the city attorney, ordered our client to remove the signs, claiming they violated a local sign ordinance. When Brandon respectfully explained that the signs were legal and he had a right to engage in constitutionally protected speech, the city employee responded bluntly: “No, you don’t.”

Despite Brandon’s full compliance with Carbondale Ordinance 15.4.10.8 – including placing the signs more than 20 feet from any curb – the city escalated the situation. Police officers were called in. Threats of citation and criminal charges followed. Brandon’s pastor called us for help, and we were able to intervene immediately on behalf of our client and prevent an arrest or a citation from being issued.

However, more troubling, when Brandon tried to follow up the next day and inquire about obtaining a sign permit as a nonprofit, he was told by the same city employee who threatened to pull up his signs that no such permit existed – despite the ordinance explicitly providing for one. This was not only misleading but also a blatant misrepresentation of the law.

Let’s be clear: The First Amendment protects the right to speak out in public spaces – especially on matters of public concern. The courts have consistently struck down vague ordinances and arbitrary enforcement that chill free speech. Carbondale’s actions here are not only unconstitutional – they’re dangerous.

As we outlined in our formal demand letter to the City Attorney, we are calling for:

  • Written assurance that Brandon may continue his peaceful pro-life advocacy, including the use of compliant temporary signs;
  • Access to the proper permitting process for nonprofits as outlined in the city’s own ordinance; and
  • Confirmation that signs promoting free resources from pro-life Pregnancy Resource Centers will not be misclassified as “commercial.”

The ACLJ is committed to standing with sidewalk counselors, pro-life advocates, and every American whose constitutional rights are under attack. Brandon was not disrupting traffic, blocking access, or inciting unrest. He was offering compassion, hope, and alternatives – something the First Amendment was designed to protect.

We will not let cities like Carbondale, Illinois, weaponize vague laws or bureaucratic red tape to silence and retaliate against the pro-life message. If the city does not immediately cease it’s unconstitutional activity, we will file a lawsuit.

Stand with us. Share this story. And pray for continued courage for pro-life heroes like Brandon.

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