March 7, 2012 | MariaNews.com 

Jacksonville, NC Stops Restricting Pro-Life Activists’ Free Speech

Federal Court Approves Consent Order Between Thomas More Society Attorneys and City

(TCPR.net) – Jacksonville, NC (March 6, 2012) – Today, U.S. District Judge Terrence W. Boyle approved a consent order between attorneys with the Thomas More Society and attorneys for Jacksonville, NC, requiring the city to modify its public assembly ordinances to stop violating constitutionally-protected free speech. The ordinances had suppressed free expression of pro-life activists, including lead plaintiff Dr. Bartolo Spano, according to the original lawsuit filed in the United States District Court for the Eastern District of North Carolina. A copy of the consent order approved by the court is available here.

The suit was filed last year because Jacksonville’s Chief of Police stopped Spano and other pro-life advocates from praying and picketing outside the front entrance of the Crist Clinic for Women, a Jacksonville abortion facility, trying to force the picketers to a rear entrance, less visible to the public. Thomas More Society’s suit argued that the First Amendment protects these pro-life advocates’ right to peacefully protest on the public right of way at the front entrance to the clinic. After the suit was filed, Jacksonville agreed, and the consent order requires Jacksonville to make several revisions to its public assembly ordinances to protect any lawful assembly of pro-life activists or others in the free exercise of their First Amendment rights.

“This is a great win for free speech for Jacksonville’s citizens ,” said Peter Breen, Thomas More Society’s executive director and legal counsel. “Our clients, pro-life activists who want to help women and children, will no longer be subject to police prohibiting their legally protected public assembly.”

Links to court documents available:

Consent Order Requiring Jacksonville to Revise Assembly Ordinances

Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Motion for Temporary Restraining Order and/or Preliminary Injunction

Complaint for Injunctive Relief, Declaratory Relief, and Relief Pursuant to 42 U.S.C. § 1983

About the Thomas More Society

Founded in 1997, the Chicago-based Thomas More Society is a national public interest law firm that seeks to restore respect in law for life, marriage, and religious liberty. The Society is a nonprofit organization wholly supported by private donations. For more information or to support the work of Thomas More Society, please visit www.thomasmoresociety.org.

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November 3, 2011 | TCPR

(Jacksonville, NC) - This week attorneys from the Thomas More Society sought emergency injunctive relief in federal court against the city of Jacksonville, NC in order to stop constitutionally-protected free speech violations against pro-life activists. Lead Plaintiff Dr. Bartolo Spano’s suit was filed in the United States District Court for the Eastern District of North Carolina. A copy of the filing is available here.

The matter stems from Jacksonville’s Chief of Police forbidding Spano and other pro-life advocates from praying and picketing outside the front entrance to the Crist Clinic for Women, a Jacksonville abortion facility. Thomas More Society’s suit argues that the First Amendment protects these pro-life advocates right to peacefully protest outside the Clinic. Further, Jacksonville police ordered that Dr. Spano and his fellow pro-life activists move out of sight of the entrance to the Crist Clinic to another unrelated business down the street in an arbitrary fashion, according to the suit.

“Jacksonville’s ordinance restricts speech protected by our federal Constitution. In the United States, police officers don’t have the right to arbitrarily make ad hoc decisions to prohibit an assembly in a public place,” said Peter Breen, Thomas More Society’s executive director and legal counsel. “It’s outrageous for Jacksonville not to value the First Amendment rights of its citizens. We intend to vigorously fight this ordinance and the actions of Jacksonville’s leadership and police to ensure that legitimate and legal free speech activities are protected.”

Links to court documents available:

Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Motion for Temporary Restraining Order and/or Preliminary Injunction

Complaint for Injunctive Relief, Declaratory Relief, and Relief Pursuant to 42 U.S.C. § 1983