Judge Strikes Another Blow to Justice Department’s Targeted Persecution of Pro-life Advocates

In a hearing held on January 26, 2012, attorneys with the U.S. DOJ asked a federal district court judge to order Ken Scott to remain more than 25 feet away from the entrance of a Colorado abortion clinic. Judge Brimmer denied the DOJ’s request, striking a significant blow to the government’s case against Scott.  Scott is a peaceful pro-life advocate who hands out literature and counsels women on the public sidewalks outside abortion clinics.

These actions are constitutionally protected and Scott’s lawyers will vigorously fight to ensure these freedoms are not stripped away by an overzealous Justice Department seeking to silence the pro-life voice in America.  Read more about the Scott case here.

FACE Prosecution Against Susan Pine Dismissed (Fla.)

Justice for one prolife advocate gives hope to others being persecuted by Eric Holder’s Justice Department. Susan Pine was accused of violating the Freedom of Access to Clinic Entrances Act. A Florida judge dismissed all charges against her pointing out that the government had a complete lack of evidence to prove all three elements required under the FACE claim. The court went so far as to question whether the charges brought by the DOJ were the product of a collaboration between the government and the abortion clinic to violate Ms. Pine’s free speech rights rather than an effort to protect those purportedly injured by Ms. Pine’s actions. In light of the court’s comments in the Pine case, one has to wonder what the motivation is behind other FACE prosecutions like Mr. Retta, Mr. Hamilton, and Ms. Parente.

The Obama Administration Targets Another Pro-Life Sidewalk Counselor

Meredith Parente peacefully distributes life saving literature to women outside of Planned Parenthood of Western Pennsylvania Liberty Avenue. She now finds herself the subject of a lawsuit brought by the US Department of Justice.

Similar to David Hamilton, Scott Retta, and Mary Pine, she is being prosecuted under the federal FACE Act.  The Government is seeking to keep Ms. Parente an additional 25 feet away from the already existing 15 foot buffer zone.  If that’s not enough, they also want Ms. Parente to pay over $25,000 in damages and fines.

We will continue to report on the Obama administration’s egregious abuse of power under the FACE Act until there is an end the persecution of peaceful prolife sidewalk counselors.  If you want to help LLDF defend people like Ms. Parente, you can make a donation today.

More on the Unjust Prosecutions by the USDOJ Under FACE

Read more here: http://aclj.org/pro-life/bias-justice-tale-two-cases

The US Department of Justice is at it again!

This time they’re promoting the recent settlement reached in U.S.A. v. Scott (11-cv-01430).  Ms. Scott was accused of placing her hand on a person’s shoulder as she walked alongside the individual on one occasion and tapping a man on the back on another occasion – normal human interaction between individuals communicating while in public.  Court documents reveal that the government demanded that Ms. Scott pay $15,000 to vindicate the public interest that was threatened by these two innocent actions.  In addition, the government asked that Ms. Scott pay each of the individuals involved a whopping $5,000 for simply being touched.  The message the Department of Justice is sending by demanding these exorbitant fines from peaceful sidewalk counselors is clear: if you don’t pay up, we will prosecute you in criminal court and put you in jail.  This is government sanctioned extortion and it must stop.  Continue to check our website and follow us on Twitter for updates on the other FACE cases.  If you want to help LLDF defend people like Ms. Scott, you can make a donation today.

National Task Force on Violence Against Reproductive Health Care Providers

Did you know that the Obama administration convened a meeting of the National Task Force on Violence Against Reproductive Health Care Providers in June 2009?  Immediately following that meeting, several peaceful pro-life sidewalk counselors came under federal investigation.  In the two years since the task force declared war against the pro-life movement, the Department of Justice has filed eight lawsuits under the Freedom of Access to Clinic Entrances (FACE) Act, a statistic they touted before the Senate Judiciary Committee last month.  The FACE Act is designed to protect patients seeking abortion against threats of physical violence. However, the Obama administration is using the FACE Act to intimidate and bully peaceful sidewalk counselors.   A notable example of this intimidation is the recent prosecution of 79 year old Richard Retta in Washington D.C. The recent surge in FACE prosecutions is not about physical safety at all.  As Troy Newman, Director of Operation Rescue, recently commented on the threat to sidewalk counselors, “It’s really a political tool to shut them up, shut them down, and make them go away.”  LLDF will not let peaceful prolife advocates be silenced.  We are working with local attorneys Vincent Heuser and Michael Hirsh to defend the First Amendment right to Free Speech in another FACE case, Holder v. Hamilton.  Continue to check our website for updates on the Hamilton and Retta cases.

OBAMA DOJ PANDERS TO ABORTION PROPONENTS WITH FALSE ALLEGATIONS OF F.A.C.E. VIOLATIONS

In January 2010 David Hamilton was peacefully and lawfully handing literature to women entering EMW Surgical Center, an abortion clinic in Louisville, Kentucky. Mr. Hamilton was not only interfered with illegally by clinic volunteers who locked arms to block him, he is now being prosecuted by the U.S. Department of Justice for assaulting a volunteer—but in actuality—the volunteer assaulted him. The “escort” attempted to forcibly block Mr. Hamilton to prevent him from sharing literature with women entering the clinic, literature that would have offered women real choices, alternatives to abortion.

Over a year after the date of the incident, rather than serving the clinic volunteer with a legal complaint for the illegal conduct, the DOJ served Mr. Hamilton with a legal complaint, alleging that he violated the Freedom of Access to Clinic Entrances Act (FACE). The DOJ used their resources, funded by the American taxpayer, to track down and serve Mr. Hamilton, although he had moved to Texas permanently only two months after the assault by the “escort.”

“This administration continues to increase the budget deficit by pandering to the abortion lobby, wasting taxpayer monies to hunt down and prosecute the victim rather than the perpetrator. The allegations against Mr. Hamilton are absolutely ridiculous!” states Dana Cody, President and Executive Director of Life Legal Defense Foundation.

Attorneys Michael Hirsh and Vince Heuser, of the law firm of Hirsh and Heuser, are defending Mr. Hamilton, responding to Mr. Hamilton’s prosecution with motions to dismiss and to strike the complaint against him. Life Legal Defense Foundation congratulates Attorneys Hirsh and Heuser for their swift response to the DOJ’s absurd actions and is proud to support the defense of Mr. Hamilton.