Defending the Pro-Life Message This Political Season

As the mid-term elections approach, there's a good deal of interest on the issues - including abortion.  And, that means those who hold pro-life views are working to get out their message.

Certainly there's opposition to the pro-life position - but you wouldn't expect that opposition to come from a city.  That's exactly what's happening in the City of Pittsburgh.

We've filed a federal lawsuit on behalf of two pro-life advocates challenging the constitutionality of a Pittsburgh ordinance which restricts the right of our plaintiffs and others to distribute literature - in this case pro-life literature - within the City of Pittsburgh.
 
At issue is the right of pro-life advocates to educate the public on pro-life matters, especially as they relate to the upcoming November 2nd elections.  The plaintiffs seek to distribute literature to individuals and to place it on unoccupied parked carswithout fear of fine, penalty or censure.  

In our lawsuit, we contend the city's ordinance is overbroad, vague and impinges on the rights of free speech and due process that the United States Constitution guarantees. 

In addition to filing the complaint, we've filed a motion for a Temporary Restraining Order - urging the court to permit our plaintiffs to distribute their literature in advance of the election without fear of being punished under the ordinance.  The complaint is posted here, the motion for the TRO here, and the brief supporting the motion here.  The court has scheduled a hearing for October 13th on the motion for the TRO.

The brief asserts the following: The Supreme Court stated many years ago, [i]t has long been recognized that the First Amendment needs breathing space and that statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn and represent a considered legislative judgment that a particular mode of expression has to give way to other compelling needs of society. 

As you know, one of the foundational rights of all Americans is the right to free speech - and that includes the rights of Americans who oppose abortion.

We'll keep you posted as this case unfolds.