May 20, 2002

Extremist opponents of abortion who publish a web site and "Wanted"-style posters targeting doctors who perform abortions are engaged in illegal intimidation, not protected speech, the U.S. Court of Appeals for the Ninth Circuit decided on May 16.

The ruling in Planned Parenthood v. American Coalition of Life Activists (ACLA) reversed an earlier decision by a three-judge panel of the appellate court and confirmed that anti-abortion terrorism is not protected by the First Amendment. It reinstated the trial court's award of $108.5 million in punitive damages to the plaintiffs—four doctors and two reproductive health clinics—as well as its injunction prohibiting anti-abortion terrorists from further violating the Freedom of Access to Clinic Entrances Act (FACE).

Women's rights advocates praised the ruling. "We're delighted the court understands that violence is not speech, and that the First Amendment doesn't protect those who use violence and threats of violence to accomplish their political agenda," said National Organization for Women President Kim Gandy.

ACLA and its principals circulated "Deadly Dozen" wanted posters, which the court found was not protected speech but actual threats. Similar information appeared on the Nuremberg Files website run by Neal Horsley. Reportedly after the murder of Dr. Barnett Slepian, Slepian's name was crossed out on the website, as had the names of other murdered abortion doctors. The purpose of the wanted posters and the website were not secret—they were designed to intimidate other doctors and prevent them from performing abortions. Some of the principals even bragged about using this strategy of violence, threats and intimidation. Here's what some of them said:

"[Dr. Gunn's murder] sent shock waves of fear through the ranks of abortion providers across the country. As a result, many more doctors quit out of fear for their lives, and the ones who are left are scared stiff."

"[I]t is clear to all who possess faculties capable of inductive analysis: he [another doctor who quit performing abortions after a "wanted" poster appeared on him] was bothered and afraid."

"Listen to what abortionists said, abortionists who have quit the practice who are no longer killing babies but are now pro-life. They said the two things they feared the most were being sued for malpractice and having their picture put on a poster."

"I mean, if I was an abortionist, I would be afraid."

However, when sued by some of the doctors whose names appeared on the "wanted" posters, the terrorists immediately backpedaled, claiming they hadn't intended to intimidate anyone and were merely making political statements protected by the First Amendment.

For more information about this case, go to
http://www.now.org/eNews/oct2001/101101appeals.html