American Center for Law and Justice Petitions Court to Protect the Rights of Pro-Life Advocates

WASHINGTON, Oct. 7, 2010—Pittsburghers are facing uncertainty about the future of their free speech.

On behalf of two pro-life advocates, the American Center for Law and Justice (ACLJ) has challenged the constitutionality of Pittsburgh Ordinance § 601.02, which restricts the rights of plaintiffs and others to distribute literature within the City of Pittsburgh.

The ACLJ’s suit asserts that the ordinance is overbroad, vague and impinges on the rights of free speech and due process that the United States Constitution guarantees. 

“One of the foundational rights of all Americans is the right to free speech,” said ACLJ attorney Ed White.  “Pittsburgh Ordinance § 601.02 fundamentally hinders the ability of the plaintiffs and all Pittsburghers to exercise their constitutional rights.”

At issue is the right of pro-life advocates to educate the public on pro-life matters, especially as they relate to the elections on Nov. 2, 2010.  The plaintiffs seek to distribute literature to individuals and to place it on unoccupied parked cars - without fear of fine, penalty or censure.  

Along with filing the complaint, the ACLJ has filed a legal brief requesting immediate injunctive relief from the court so that plaintiffs can distribute their pro-life literature in advance of the November elections without fear of being punished under the ordinance.  Pittsburgh attorney Noah P. Fardo of the law firm Flaherty Fardo LLC is working with the ACLJ on the case.

The brief asserts the following: “The Supreme Court stated many years ago, ‘t has long been recognized that the First Amendment needs breathing space and that statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn and represent a considered legislative judgment that a particular mode of expression has to give way to other compelling needs of society.’” 

The full complaint, motion and ACLJ brief are available online.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.