Students for Life win free speech case in Washington DC court.

UPDATE: The Wall Street Journal also covered this decision – see below.

A unanimous decision! Please hit the link for the whole story. We have been following this case since the arrests in 2020.

“It’s very encouraging that there was a unanimous 3-0 decision in favor of the free speech rights of pro-life students, peacefully protesting in our nation’s capital,” said Students for Life of America President Kristan Hawkins. “Viewpoint discrimination is un-American, and, as the case proceeds, we look forward to learning more about how D.C. officials picked winners and losers in their enforcement. Free speech rights you’re afraid to use don’t really exist, and we will keep fighting for the rights of our students to stand up for the preborn and their mothers, and against the predatory abortion industry led by Planned Parenthood.

WASHINGTON D.C. (08-15-2023) – As reported by Alliance Defending Freedom (ADF) who represented Students for Life of America and the Frederick Douglass Foundation in a case linked to events in 2020, today’s decision was “a major free speech ruling” as the “U.S. Court of Appeals for the D.C. Circuit upheld the First Amendment rights of two pro-life organizations that sought to chalk a pro-life message on a city sidewalk.” While the D.C. government may appeal the 3-0 decision, ask for a full hearing of the appeals court, or even go to the Supreme Court, it’s likely that FREDERICK DOUGLASS FOUNDATION, INC., ET AL., APPELLANTS  v. DISTRICT OF COLUMBIA, APPELLEE, will proceed. Learn more about the case here.

The events as reported in the decision: “In the summer of 2020, thousands of protesters flooded the streets of the District to proclaim ‘Black Lives Matter.’ Over several weeks, the protesters covered streets, sidewalks, and storefronts with paint and chalk. The markings were ubiquitous and in open violation of the District’s defacement ordinance, yet none of the protesters were arrested. During the same summer, District police officers arrested two pro-life advocates in a smaller protest for chalking ‘Black Preborn Lives Matter’ on a public sidewalk. 

Here's the Journal:

… People also plastered construction scaffolding with graffiti, murals, and photographs that included “Black Lives Matter” messages. These protesters didn’t obtain permits for their graffiti, and none were punished for violating the defacement law. So when anti-abortion groups planned a small rally to proclaim “Black Pre-Born Lives Matter,” a police officer gave them verbal permission to paint their message on the street because he believed the mayor had opened public property to political markings.

He was mistaken. When two pro-life supporters tried to chalk “Black Pre-Born Lives Matter” on the sidewalk, they were arrested. Pro-life groups were also denied permission at another rally to mark up the street or sidewalk. They sued the city for violating the First Amendment by selectively enforcing its defacement law based on viewpoint.

A D.C. Circuit panel ruled 3-0 in their favor. While governments enjoy discretion over when and how they prosecute laws, “the executive cannot selectively enforce the law in a way that violates the Constitution,” Judge Neomi Rao wrote. This means governments must treat similarly-situated individuals and groups similarly when they restrict speech.

“The government may not play favorites in a public forum—permitting some messages and prohibiting others,” Judge Rao stressed. This may seem like common sense, but progressive politicians need to be reminded of it.