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"Huge Victory" against Planned Parenthood, for Free Speech and Unborn Babies in Maine"This is a victory regardless of whether you acknowledge that unborn children possess lives worth defending. Free speech rights are central to maintaining a free society and the court took a huge step toward protecting those rights for all citizens of Maine." (Ann Arbor, MI)—[Thomas More Law Center] In a huge victory for free speech and unborn babies, United States District Judge Nancy Torresen, yesterday, issued a preliminary injunction barring the Maine Attorney General and City of Portland police officers from enforcing the Noise Provision of the Maine Civil Rights Act ("Act"). Under the Act, after being warned by a police officer, it is illegal to make noise that can be heard inside an abortion clinic with the intent to interfere with a medical procedure. (Photo: Thomas More Law Center)
In a 35-page opinion and order, Judge Torresen, an Obama appointee, held that the Noise Provision of the Act is content-based because it restricts speech based on its purpose, and therefore, is facially unconstitutional. Read Judge Torresen's entire opinion here. Judge Torresen focused on the "intent to interfere with a medical procedure" portion of the statute. This portion restricts speech based on the purpose for which the speech is made and differentiates speech based on the message expressed. In order for a content-based restriction on speech to be constitutional, it must be the least restrictive means of furthering a compelling governmental interest. Judge Torresen concluded that the State had other content-neutral means of keeping peace at abortion clinics.
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