ACLU Backs Pro-Life Group in Free Speech Billboard Case
- Posted on October 21, 2010 at 1:09pm by
Jonathon M. Seidl
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The pro-life group the Susan B. Anthony List (SBA) has gotten some unexpected support in its fight to post billboards accusing Ohio Rep. Steve Driehaus of voting for taxpayer-funded abortions. The liberal ACLU has now filed a brief defending the pro-life group.
At issue is a series of billboards accusing Driehaus of voting for taxpayer-funded abortions when he voted for the health care bill. Driehaus says that is absolutely false, and reported the group to the Ohio Elections Commission.
Driehaus’s complaint is based on an Ohio criminal statute that makes it illegal to make “a false statement concerning the voting record of a candidate or public official.”
Last week, a three-person commission panel failed to dismiss the allegations. The case will now be heard in front of the full Ohio Elections Commission.
That decision prompted the ACLU to come to SBA’s defense.
The law “cannot withstand constitutional scrutiny,” the ACLU brief states. “The statute fails for the same reasons that the Sedition Act has been condemned by history. The people have an absolute right to criticize their public officials, the government should not be the arbiter of true or false speech and, in any event, the best answer for bad speech is more speech.”
The civil liberties group also argues that the Ohio law is “vague and overbroad.”
The brief continues:
The entirety of the statute criminalizes what is, in essence, core political speech. The statute prohibits a wide variety of speech, in an equally wide variety of contexts and media. The only criteria to fall within the prohibition: that someone allege the speech is “false.” It is not the government’s place to pass judgment on what political speech is acceptable, and certainly not in the context of criticizing a public official.
An SBA spokesperson told The Hill that should the group be found guilty, SBA officials face a $5,000 fine and six months in jail.
In response to the allegations, The Hill reports, SBA filed suit in federal court on Monday to overturn the Ohio law. “Judge Timothy Black of the United States District Court for the Southern District of Ohio is expected to decide [soon] whether to review the state law‘s constitutionality and issue a temporary restraining order against the electoral commission’s hearing,” reporter Julian Pecquet writes.
SBA released a radio ad this week responding to Driehaus’s allegations:
“Rep. Steve Driehaus’ heavy-handed attempt to silence critics of his vote for taxpayer funding of abortion will not work,” said SBA List President Marjorie Dannenfelser in a statement. “Our radio ads are spreading the truth about his pro-abortion health care vote to the people of his district, despite his efforts to stifle our constitutionally-protected free speech.”
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ConstitutionalAnswer
Posted on October 21, 2010 at 7:54pmthe ACLU is not only liberal it is communist, as its roots show (unless you are reading a book from a public school). They do not stand up for everyone’s freedom and constantly criticize business as “unfair”, and yes i do commend them for their stances in matters involving civil rights, but the fact is the are extreme left wing and are influenced by a great many rich commies like Soros
Report Post »ConstitutionalAnswer
Posted on October 21, 2010 at 7:50pmSomething is very odd here, why would they do that?? And of course there is no conservative ACLU..because its a communist labor Union.
Report Post »A Hoosier Says
Posted on October 21, 2010 at 7:30pmI’m always amused by people who call the ACLU liberal, as the article does. Just because they stand up for everyone‘s freedom and not just your version of freedom doesn’t make them a liberal group. Their help in cases like this along with major ones such as ending segregation in schools, and bans on interracial marriage comes to mind. I’ve never seen how they have an agenda, as some claim. I guess now liberals are going to cry and say the ACLU is too conservative.
Report Post »IsleOracle
Posted on October 21, 2010 at 5:20pmACLU – Perhaps they have joined the fight for people under threat (a person’s a person no matter how small), the unborn, to lose it.
RIP! – REPEAL! IMPEACH! PROSECUTE!
Report Post »Flashover
Posted on October 21, 2010 at 5:11pmI believe in liberty and God. He gave us our freedom for a reason. It is not our job to legislate morality. That is a lazy Christain’s way. Stop blaming the ACLU, in many cases they are fighting for God given freedoms (Not Abortion), and start training the children in your community how God wants them to live. To many of our unalienable rights have been alienated by lazy Christains not following there God given mandate to teach their children and spread his word. People must be lost to the world so they can find their way to God. It is time to have “FIRM RELIANCE ON THE PROTECTION OF DIVINE PROVIDENCE”.
Report Post »jeeprn
Posted on October 22, 2010 at 4:50amThis applies to everyone, not just flashover. Please, please learn to use the proper word. When one mean excessively, the correct word is “too” not “to.” Don’t use “there (a place)“ when you mean ”their (relating to them).“ This may seem ”too“ petty ”to” many, but it makes one seem ignorant in “their” posts. The effectiveness of ones message is greatly deminished, even when it is a good one.
Report Post »delawarebill
Posted on October 22, 2010 at 12:32pmJeep – Not to sound arrogant, but I believe that the word you were looking for there was diminished. Very good point though, and Flash, I agree 100%!
Report Post »tuffenough
Posted on October 21, 2010 at 5:00pmListen caredfully– You can hear the cries of millions of murdered children blowing on the winds, the whimpers of grief-ridden young women that were guided down the wrong path, by those that murder babies for money, listen carefully, for the souls of us all are at risk.
Report Post »We must all take a stand to stop these murders, the killings of these children should make us all sick to our stomachs.
To those that make a living killing these innocent babies, to those that kill their own innocent babies – to those that support these practices – The Almighty, knows who you are, and he is waiting for you.
M-O-O-N Spells Moon
Posted on October 21, 2010 at 4:36pmWhat bothers me about this story is that the SBA is defending itself by attacking the law, rather than citing their evidence against Driehaus. It seems to me the simpler path would be to show the facts behind their claim.
Report Post »If they did this when the case was heard and the judge still went against them, I can certainly see why you would seek to voerturn the law.
TRDOFITALL
Posted on October 21, 2010 at 2:58pmACLU, another UNION funded with OUR TAX DOLLARS. This needs to stop NOW! ! !
Report Post »Constitutional_Patriot_in_SC
Posted on October 21, 2010 at 2:57pmEven a broken clock is right twice a day
Report Post »Ser Scot
Posted on October 21, 2010 at 2:24pmLadies and Gentlemen,
Let’s give credit where credit is due. The ACLU is being consistent here and standing up for free speech. That’s a good thing.
;)
Report Post »flashlight
Posted on October 21, 2010 at 2:36pmIn a motion filed , the American Civil Liberties Union of Florida said state law enforcement officers violated Rush Limbaugh‘s privacy rights by seizing the conservative radio talk show host’s medical records as part of a criminal investigation involving alleged “”doctor-shopping.”"
Not the first time for the ACLU.
Report Post »stopprintn
Posted on October 21, 2010 at 1:58pmThings must be getting slow over at the ACLU, have they finaly rid the land of all the wicked crosses? What a group of losers. They dont know if they want to attac or protect free speach. I think they have no idea of what the framers had in mind.
Report Post »Slevdog1
Posted on October 21, 2010 at 1:57pmGood for the ACLU. Hard to believe, I know…..
Report Post »SummerB
Posted on October 22, 2010 at 10:40amREALLY hard to believe!
Report Post »Dexter Alarius
Posted on October 21, 2010 at 1:54pmThe Anti-Christian Litigation Union? That ACLU? Surprising.
Report Post »wonderbug
Posted on October 21, 2010 at 1:49pmSBA List Ladies = Angels:)
Report Post »http://www.sba-list.org/
EqualJustice
Posted on October 21, 2010 at 1:25pmI don’t want ONE RED CENT of my taxes paying for abortions. Don’t I have a say in that? If not, where are the “Constitutional” challenges? I am a conscientious objector, isn’t that what they called (Cassius Clay) Mohammed Ali and others when they didn’t want to go to war and became a MUSLIM? Can we refuse to pay taxes if we object on the grounds of our religious beliefs?
Report Post »snowleopard3200
Posted on October 21, 2010 at 1:21pmThe law “cannot withstand constitutional scrutiny,” the ACLU brief states. “The statute fails for the same reasons that the Sedition Act has been condemned by history. The people have an absolute right to criticize their public officials, the government should not be the arbiter of true or false speech and, in any event, the best answer for bad speech is more speech.”
I may not always like the ACLU yet in this case I believe they are right in joining this fight for the freedom of expression. There needs to be the liberty to express ones ideals – even political ones against political opponents you do not agree with or even with to impeach or such.
So long as the expression does not cross over to physical threats, or the encouragement of the same to actively endorse the deliberate harm of others, then it is freedom of expression.
Two people can disagree on things and still be covered under the same freedom.
This legislation that the suit is fighting to myself indeed does appear to be deliberately made too vauge and broad in the light of the Constitution.
http://www.artinphoenix.com/gallery/grimm (mix art)
Report Post »Independent American
Posted on October 21, 2010 at 1:20pmACLU: Athiests, Communists, Lucifer’s Underlings
Report Post »Communist organization from the day it was founded. Check its checkered history. Know the truth.
Contrarianthinker
Posted on October 21, 2010 at 1:15pmWhy wasn’t the conservative equivalent of the ACLU there to help? Now the ACLU can say “see how fair we are” and get talking points.
Report Post »snowleopard3200
Posted on October 21, 2010 at 1:24pmI will admit to this part about the conservative equivalent you mention about in the posting…that is a good point. Where are they in this matter?
Report Post »just the facts
Posted on October 21, 2010 at 1:29pmAgreed. Remember though, one of the tactics used by the progressives now days is to agree with everything, Right or wrong, left or right. Their mission is to cause confusion and chaos. Throw so much misinformation out there the public will give up trying to find the truth. They will do anything and everything conceivable to further their agenda. Everything is targeted by them. We are in so much trouble,
Report Post »Doc_Slammin
Posted on October 21, 2010 at 1:50pmI thought ACLU was a typo at first. I fully expected to see that the ACLJ was helping defend this group. If I were SBA, I would politely tell the ACLU to stay out of our business.
Report Post »walkwithme1966
Posted on October 21, 2010 at 1:54pmAnd what is the conservative equivalent to the ACLU? I don’t think there is one as the ACLU represents both conservative and liberal causes – they are not just a liberal organization which I am really wasting my time trying to make you understand – because you won’t believe me no matter what I say.
Report Post »http://maboulette.wordpress.com
Rowgue
Posted on October 21, 2010 at 1:56pmThe conservative equivalent to the ACLU doesn‘t exist that’s why. A group that purports to be a watchdog for civil rights shouldn’t have any partisan alignment. The fact that the ACLU does is a strike against them, not conservatives.
Report Post »FIRED UP FREE MAN !
Posted on October 21, 2010 at 2:19pmWhat we need is an INVESTIGATION of those who CONTROL the public airwaves. It would appear channels would rather LOOSE money than report the TRUTH. The same goes for the newspaper industry. Has SOROS really infected the American body so thoroughly? We need people who know how, to chase this information out. It needs to be done quickly and thoroughly! Only threw the light of day can America SURVIVE this insidious INVASION into our POLITICS, our SCHOOLS, our NEWSPAPERS, and finally our CHILDREN. We must move quickly or face COLLAPSE!
WHERE IS THE FBI? They are responsible for PROTECTING our government from FOREIGN and DOMESTIC interference. No one citizen can fight the AMOUNT of money flowing in to these left-wing COMMUNIST insurgence organizations. Only when all of the citizens finally STAND UP and FIGHT back are we going to have a chance at regaining our FREEDOM!
Please call the FBI and give them any information you may have on this invasion against our constitution, our government, and our schools.
FBI contact info:
• To provide information on select major cases, call our Major Case Contact Center at 1-800-CALLFBI (225-5324); and
• To report fraud, waste, and abuse involving disaster relief, contact the National Center for Disaster Fraud by calling (866) 720-5721, by e-mailing disaster@leo.gov, or by writing: National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
“SOROS IN CHAINS”
Report Post »Libertarian
Posted on October 21, 2010 at 4:09pmACLU being consistent? Wow. I don’t know what to say, ….. kudos ACLU.
Report Post »independentvoteril
Posted on October 21, 2010 at 6:01pmOne thing I noticed is the LACK of Republican organizations to condor the Progressives .. why would conservatives just sit and complain about the left and NOT do something?? These organizations aren’t going to HEAL themselves and become passive.. As I see it there are very FEW places conservative ADULTS can even go for honest information and there is NO cartoons, shows that interest our kids that teach values and morals with a plot that they can relate to.. they have the STORY of STUFF.. what have the conservatives produced.. these don’t have to be religious they can be made entertaining and make their point.. Just like this one on abortion which CAN NOT be overturned unless there is a 2/3 vote in BOTH houses but every election it takes the front seat as an issue.. It‘s time the conservatives get off their rears and match the progressives with conservative values and morals in the same arena’s they are using to try to discredit ours.. It’s not up to our churches, many who are Christians do not go to church.. It’s nice the ACLU stood up this time on the conservative side but how many times are they the ones who DRAG our values through the mud??
Report Post »Atheist
Posted on October 22, 2010 at 5:53amThat is such BS.
The ACLU always takes the side of the first amendment, regardless of the politics.
Report Post »Dan A14 50
Posted on October 22, 2010 at 11:10amThe conservative organization is Judicial Watch Join today and donate.
Report Post »they take on all corruption.