2002 Archives - Thomas More Law Center

Supreme Court Seeks Bush Administration Opinion in Major Pro-Life Free Speech Case
Mon, Dec 16, 2002

ANN ARBOR, MI – In a rarely used process, the U.S. Supreme Court has invited the Solicitor General to file a brief expressing the opinion of the federal government in a major case involving the free speech rights of pro-life activists. The case has been reported by court watchers as one of four major cases to be considered for review this term.

A New York Times December 1st story described the Oregon case as “an important First Amendment case that asks the court to examine the boundary between provocative but legitimate advocacy and unprotected threats and intimidation” against abortion providers. Planned Parenthood and a group of abortion doctors “sued under a provision of the federal law that protects access to abortion clinics and won a $120 million verdict, which was upheld on appeal,” reported the Times.
Abortion doctors and Planned Parenthood have long sought the ability to construe pro-life speech as threatening in order to suppress anti-abortion speech by legal intimidation.

The Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, represents seven of the fourteen pro-life defendants in the case. Associate Counsel Edward L. White III, who is handling the case for the Law Center noted, “This is a pure free speech case. None of the posters used by our clients contained threats, and no doctor listed on any of the posters was ever harmed.”

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

NY Times Predicts Pro-Life Case Could Create ‘Momentous’ Supreme Court Term
Wed, Dec 11, 2002

ANN ARBOR, MI – The United States Supreme Court is poised to decide whether to review the so-called “Nuremberg Files” case, identified by the New York Times as one of the top four cases to be considered for review this term. The Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, represents seven of the fourteen pro-life defendants in the case.

The Times December 1st story described the case as “an important First Amendment case that asks the court to examine the boundary between provocative but legitimate advocacy and unprotected threats and intimidation” against abortion providers. Planned Parenthood and a group of abortion doctors “sued under a provision of the federal law that protects access to abortion clinics and won a $120 million verdict, which was upheld on appeal,” reported the Times.

Abortion doctors and Planned Parenthood have long sought the ability to construe pro-life speech as threatening in order to suppress anti-abortion speech by legal intimidation.

Edward L. White III, the Thomas More Law Center attorney handling the case, indicated that the Supreme Court is expected to announce its decision whether to hear the appeal on Monday, December 16. A petition for Supreme Court review was filed in October 2002. According to White, “At stake is the question of whether legitimate pro-life speech, specifically posters that do not contain threats yet bear the names of abortion providers, should be restricted.”

Edward White III will be available for comment immediately after the Court announces its decision on whether to hear the appeal. He can be reached by contacting Brian Burch at 734-827-2001.

The Times November 30th story described the case as “an important First Amendment case that asks the court to examine the boundary between provocative but legitimate advocacy and unprotected threats and intimidation” against abortion providers. Planned Parenthood and a group of abortion doctors “sued under a provision of the federal law that protects access to abortion clinics and won a $120 million verdict, which was upheld on appeal,” reported the Times.

Abortion doctors and Planned Parenthood have long sought the ability to construe pro-life speech as threatening in order to suppress anti-abortion speech by legal intimidation.

Edward L. White III, the Thomas More Law Center attorney handling the case, indicated that the Supreme Court is expected to announce its decision whether to hear the appeal on Monday, December 16. A petition for Supreme Court review was filed in October 2002. Mr. White will be available for comment immediately after the Court announces its decision on whether to hear the appeal. He can be reached by contacting Brian Burch at 734-827-2001.

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

Court Orders Municipality To Pay Over $39,000in Michigan Pro-Life Case
Tue, Dec 3, 2002

ANN ARBOR, MI – In a case that has drawn national attention, Detroit Federal District Judge Victoria A. Roberts has ordered that Plymouth Township, Michigan, pay monetary damages, attorneys’ fees, and costs totaling $39,545.15 and has permanently enjoined the Township from interfering with the rights of pro-life demonstrators to display signs of aborted babies.

The case began this past July in Plymouth Township when pro-life advocates began to demonstrate against Michigan Attorney General and gubernatorial candidate, Jennifer Granholm, and her “pro-choice” stance, on the public sidewalk in front of the church she attends. The demonstrators displayed various signs, including signs that depicted images of aborted babies. Plymouth Township Police Officers seized the aborted baby signs on the basis that they were tantamount to pornography.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, quickly filed a lawsuit in federal court on behalf of three of the pro-life advocates who were prohibited from displaying the aborted baby signs. The Law Center sought an emergency temporary restraining order and preliminary injunction against Plymouth Township officials.

Within 24 hours after the lawsuit was filed, Federal Judge Roberts held a hearing and granted the emergency temporary restraining order and preliminary injunction in favor of the three pro-life advocates, permitting them to display their aborted baby signs in public. Judge Roberts also found that there was a strong likelihood that the Thomas More Law Center’s clients would prevail in showing that the police had violated their constitutional rights. Based on Judge Roberts’s order, the pro-life advocates resumed their peaceful protest without interference from the Plymouth Township police.

This past week, Judge Roberts signed a consent judgment ruling that the First Amendment protects the display of aborted baby signs and that the Plymouth Township Police Officers violated the United States Constitution when they prevented the pro-life advocates from displaying the aborted baby signs in public and when they confiscated the signs without consent, a warrant, or probable cause.

As a result of the lawsuit, the three pro-life advocates received a total of $23,000 in monetary damages.

Thomas More Law Center attorneys Edward L. White III and Robert J. Muise handled the case on behalf of the pro-life advocates.

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Thomas More Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Thomas More Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Thomas More Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

Victory Achieved for Michigan Pro-Life Advocates
Tue, Dec 3, 2002

Thomas More Law Center attorneys Edward L. White III and Robert J. Muise handled the case on behalf of the pro-life advocates.

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Thomas More Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Thomas More Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Thomas More Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

Victory Achieved for Michigan Pro-Life Advocates
Mon, Dec 2, 2002

ANN ARBOR, MI – Detroit Federal District Judge Victoria A. Roberts has entered a consent judgment and stipulated permanent injunction in favor of three pro-life advocates in a case that has drawn national attention.

The case began this past July in Plymouth Township, Michigan, when pro-life advocates began to protest against abortion and Michigan Attorney General and “pro-choice” gubernatorial candidate, Jennifer Granholm, on the public sidewalk in front of the church she attends. The pro-life advocates were displaying various signs, including signs that depict images of aborted babies. Plymouth Township Police Officers seized the aborted baby signs on the basis that they were tantamount to pornography and thereby prevented the pro-life advocates from displaying the signs in public.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, quickly filed a lawsuit in federal court on behalf of three pro-life advocates and sought an emergency temporary restraining order and preliminary injunction against Plymouth Township officials.

This past week, Judge Roberts signed a consent judgment and stipulated permanent injunction in which it was ordered that the First Amendment protects the aborted baby signs the pro-life advocates display. It was also ordered that the Plymouth Township Police Officers violated the First and Fourteenth Amendments when they prevented the pro-life advocates from displaying the aborted baby signs in public and that the Officers violated the Fourth and Fourteenth Amendments when they seized the aborted baby signs without consent, a warrant, or probable cause.

Judge Roberts further ordered Plymouth Township, its employees, agents, and successors in office to be permanently enjoined from preventing and/or interfering with the pro-life advocates when they are peacefully expressing their opposition to abortion in a public forum through the display of signs depicting images of aborted babies, fetuses, or human embryos. The Judge also permanently enjoined Plymouth Township, its employees, agents, and successors in office from seizing and confiscating such signs without probable cause, a warrant, or consent.

In addition, Judge Roberts ordered that Plymouth Township pay monetary damages, attorneys’ fees, and costs in a total amount of $39,545.15.
Associate Counsel Edward L. White III and Robert J. Muise handled the case on behalf of the Thomas More Law Center.

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Thomas More Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Thomas More Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Thomas More Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

U.S. Supreme Court To Consider Whether To Review The “Nuremberg Files” Case
Tue, Nov 26, 2002

ANN ARBOR, MI – The United States Supreme Court is set to consider whether to review the so-called “Nuremberg Files” case, which many consider one of the most important First Amendment cases in the country. The Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, represents seven of the fourteen pro-life defendants in the case. Associate Counsel Edward L. White III is handling the case for the Law Center.

The case involves a multi-million dollar jury verdict and lifetime injunction against the pro-life defendants, who had voiced their opposition to abortion. In 2001, the verdict and injunction were set aside by three judges of the United States Court of Appeals for the Ninth Circuit, who unanimously ruled that the defendants’ speech, which included two posters identifying abortion doctors, was protected by the First Amendment. The unanimous decision, however, was overturned this year by a sharply divided eleven-judge panel of the Ninth Circuit, who voted six to five in the case.

The six-judge majority held that the pro-life defendants’ speech was not protected as “political speech” under the First Amendment, but was instead “threats.” The five dissenting judges strongly disagreed and maintained that the First Amendment protected the defendants’ speech. The five dissenting judges further underscored that there was no evidence that the defendants had threatened the plaintiffs, especially because the posters make no threats.

This past October, the Thomas More Law Center, along with the American Catholic Lawyers Association and private attorney, Norman Lindstedt, filed a joint petition for certiorari on behalf of all defendants. Last week, the final brief was submitted on behalf of the defendants. The case is now set for the Supreme Court to decide whether it wants to “grant cert.” and review the case. The Supreme Court is expected to issue its decision within the coming weeks.

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

Victory—City Repeals Law Banning Pro-life Aerial Banners
Mon, Nov 25, 2002

ANN ARBOR, MI — After the Thomas More Law Center successfully obtained a restraining order from a federal judge in California, temporarily halting the enforcement of a law designed to stop a pro-life group from flying its aerial tow banners with graphic images of aborted babies over the City of Huntington Beach, the City reconsidered its law and voted unanimously to permanently repeal it.

On September 16, 2002, the City of Huntington Beach passed an ordinance that banned all aerial displays, including the Center for Bio-Ethical Reform’s (CBR) pro-life banners, above or within the boundaries of the City. The Thomas More Law Center filed a lawsuit in the federal district court for the Central District of California, challenging the constitutionality of the ordinance on behalf of CBR and seeking a temporary and permanent injunction to halt its enforcement. On October 16, 2002, the date the law was to take effect, U.S. District Judge Alicemarie Stotler signed a temporary restraining order barring enforcement of the ordinance until an injunction hearing that was held on November 1, 2002.

At the injunction hearing, the judge continued the restraining order until December 6, 2002, because the City wanted additional time to consider arguments presented by the Thomas More Law Center attorney representing CBR. The City responded by conceding the strength of the Law Center’s legal arguments and calling an emergency meeting of its City Council to repeal the ordinance. Rather than fight a losing legal battle, the City council voted unanimously on November 18, 2002, to permanently remove the ordinance from its municipal code.

According to Robert Muise, Associate Counsel for the Thomas More Law Center handling this case, “We are pleased that the City acted quickly to repeal its ordinance. However, they didn’t have much of a choice—if they didn’t do it, we are confident that the judge would have. It’s unfortunate that the City had to spend taxpayer’s money in this litigation. This law should have never been passed in the first place.”

The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. It depends on contributions from individuals, corporations and Foundations. It is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Initial Victory—Enforcement of Law Banning Pro-life Aerial Banners Halted
Sun, Nov 17, 2002

ANN ARBOR, MI — The pro-life group Center for Bio-Ethical Reform (CBR) will resume flying its aerial tow banners displaying graphic images of aborted babies over the City of Huntington Beach, California, thanks to a temporary restraining order (TRO) obtained by the Thomas More Law Center, a public interest law firm based in Ann Arbor, Michigan. The TRO temporarily halts the enforcement of an ordinance recently passed by the City of Huntington Beach that bans all aerial displays, including CBR’s pro-life banners, above or within the boundaries of the City.

The Thomas More Law Center filed a lawsuit in the federal district court for the Central District of California, challenging the constitutionality of the ordinance on behalf of CBR and seeking a temporary and permanent injunction to halt its enforcement. On October 16, 2002, the date the law was to take effect, U.S. District Judge Alicemarie Stotler signed the TRO stipulated by the City’s attorneys barring enforcement of the ordinance until the injunction hearing scheduled for November 1, 2002.

According to Robert Muise, Associate Counsel with the Thomas More Law Center, “We are very pleased that the temporary restraining order was issued. The law is clear that even a momentary loss of First Amendment liberties constitutes irreparable injury. It was necessary to stop this law before it went into effect, and the next step is to get this law off the books permanently through an injunction.”

According to the lawsuit, which was filed on October 1, 2002, the new ordinance is unconstitutional because it totally closes a forum for speech and completely forecloses an effective medium of communication. CBR estimates that by displaying one banner for approximately five hours, they are able to communicate their pro-life message to hundreds of thousands of people. The lawsuit also challenges the ordinance on equal protection grounds, and it claims that the ordinance violates the commerce clause and the supremacy clause of the U.S. Constitution.

The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. It depends on contributions from individuals, corporations and Foundations. It is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Abortion Facility Pays Damages to Pro-life Advocate
Wed, Nov 6, 2002

MADISON, WI – Judgment has been entered against the Madison Abortion Clinic and others in a civil case stemming from an incident in December 2001, in which Will Goodman, a pro-life advocate, was attacked by a staff member of the abortion facility. The Thomas More Law Center, a national pro-life, public-interest law firm based in Ann Arbor, Michigan, represented Goodman in his lawsuit against the abortion facility. Judgment was entered in favor of Goodman for his claims of assault and battery, false imprisonment, and negligent hiring, training and supervision.

Robert Muise, the attorney with the Thomas More Law Center, who successfully litigated the case, commented, “This was a David and Goliath case from the beginning, and David has been victorious Sadly, Goliath continues to destroy countless lives through the violent attack of surgical abortion. This assault must end.”
After over a year of litigation this judgment brings the personal injury claims portion of the lawsuit to an end. Other aspects of the case continue to be fought out in the courts. Damages of an unspecified amount were paid directly to Goodman, and the Thomas More Law Center was awarded costs.

“While this is a just conclusion to the case,” commented Goodman, “the real victims in this whole tragedy are the innocent human persons destroyed by abortion, the mothers in tough situations who are exploited by the abortion industry, the fathers who have no voice, and our society who is deprived of these lives.”
The case revolved around an incident in which Goodman delivered a letter to Dennis Christensen, the abortionist, and his staff at the abortion center. The letter affirmed the dignity of their lives as well as the lives of the unborn babies in the womb and their mothers. Soon after, Goodman quietly handed out information on crisis pregnancy resources to women in the waiting room, and he was tackled by a member of the abortion facility staff and held in a headlock. A security officer then pulled Goodman to the ground while he was kneeling in prayer and forcefully placed Goodman in handcuffs.

When asked about the monetary award Goodman replied, “the money will be donated to a young impoverished mother from Africa who is struggling with a crisis pregnancy and to an organization helping young un-wed mothers to raise their families.”

The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. It depends on contributions from individuals, corporations and Foundations. It is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Thomas More Law Center Asks Michigan Supreme Court to Open Woman’s Court File
Thu, Oct 10, 2002

ANN ARBOR, MI – In what one would have imagined would have been a straightforward request has turned into an almost three year legal battle, involving four appeals.

At issue is a woman who seeks access to her closed court file that contains information about a judicial bypass proceeding she went through as a minor to obtain an abortion without her parents’ consent. The woman is represented by the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan.
When the woman had gone through the judicial bypass proceeding, she was a minor suffering from a history of mental illness, was under medical treatment for that illness, and was under medication for that illness. She has only a vague memory of what took place during the proceeding, which occurred several years ago.
In early 2000, a Michigan Probate Court denied the woman’s request to open her court file for the woman to learn whether the court had been informed about her mental illness, treatment, and medication when the she had gone before the court as a minor for the waiver of parental consent and to learn whether she had knowingly agreed to obtain the waiver of her parental consent to obtain the abortion in light of her mental condition. Since 2000, the case has been moving through the Michigan Court system. Now, in what amounts to her fourth appeal, the woman has sought relief from the Michigan Supreme Court to obtain access to her own court file.

According to Edward L. White III, associate counsel with the Thomas More Law Center, “The woman simply wants to look at her own file, not someone else’s file. There is no legal justification for not permitting the women to examine her own file, and we trust the Michigan Supreme Court will review this case and correct this injustice.”

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Law Center as a 501(c)(3) organization and donations are tax deductible. You may contact the Law Center at (734) 827-2001 or visit its website at www.thomasmore.org.

Thomas More Law Center Requests U.S. Supreme Court Review Of The “Nuremberg Files” Case
Wed, Oct 9, 2002

ANN ARBOR, MI – In a case considered by many to be one of the most important First Amendment cases in the country, the Thomas More Law Center, a national, public interest law firm based in Ann Arbor, Michigan, announced today that a joint petition for certiorari has been filed with the United States Supreme Court requesting the Court to review the so-called “Nuremberg Files” case. The Thomas More Law Center submitted the petition along with the American Catholic Lawyers Association and private attorney, Norman Lindstedt, on behalf of the fourteen defendants.

The case involves a $120 million jury verdict and injunction against the pro-life defendants, who had voiced their opposition to abortion. In 2001, the verdict and injunction were set aside by three judges of the United States Court of Appeals for the Ninth Circuit, who unanimously ruled that the defendants’ speech was protected by the First Amendment. The unanimous decision, however, was overturned this year by a sharply divided eleven-judge panel of the Ninth Circuit, who voted six to five in the case.

The six judge majority held that the pro-life defendants’ speech, which consisted of two posters identifying abortion doctors and a list of abortion doctors, among hundreds of other names, on an Internet website, were not protected as