The 9th U.S. Circuit Court of Appeals said the abortion foes had a free speech right to drive the truck on public streets adjacent to the Los Angeles County school and that “the government cannot silence messages simply because they cause discomfort, fear, or even anger.”
On March 24, 2003, two representatives of the anti-abortion group Center for Bio-ethical Reform arrived at the Dodson Middle School in Rancho Palos Verdes 30-minutes before class began, at around 7:30 a.m. Center employee Paul Kulas drove the truck and center volunteer Thomas Padberg drove a “security vehicle.”
Assistant Principal Art Roberts called the Los Angeles Sheriff’s Department while the two vehicles circled the campus on public streets.
Roberts later testified he saw “two or three” girls cry and had to admonish several boys to refrain from throwing stones at the truck.
Roberts also said it was more difficult than usual to get the children into school and that at least one class discussed the images rather than focusing on regular schoolwork. The truck also caused traffic congestion around the school, Roberts said.
The appeals court said the deputies were wrong to detain the men for as long as they did — 75 minutes — because no crime occurred. The protesters were allowed to do what they did.
“That conduct was disruptive only because of the audience’s reaction to the content of the speech,” Judge Harry Pregerson wrote for the unanimous three-judge panel Wednesday. “All of these reactions were triggered by the upsetting message on the truck not by noise, or physical obstruction.”
Imagine that–a court upholding a citizen’s right to free speech. So these protesters were brilliant in their tactic. They chose a middle school where kids are old enough to know what the message of the truck is all about. But they’re young enough to have not been brainwashed by the liberal education establishment about being pro-choice. And it was excellent that the children actually had discussions in class about the truck. However, I’d like to know what the teachers said. Still, this might have been the first time that these children actually saw what an abortion does to a baby. Because I’m certain that none of their teachers had previously shown it to them.