Antiabortionists in the United States have won the right to run a website publicising the names and addresses of doctors who provide abortions to pregnant women.
A three judge panel of a federal appeals court in San Francisco ruled that a website called “The Nuremberg Files” which depicted severed limbs dripping blood and listed the names and addresses of abortion providers, crossing their names off after they were killed, was constitutionally protected. It threw out a $109m (£78m) damages award against militant abortion opponents (BMJ 1999;318:214, 415).
The panel held that the rhetoric was protected by First Amendment guarantees of the right of free speech that does not “authorise, ratify, or directly threaten violence.” The same ruling applied to old-style “Wanted” posters that branded a “Deadly Dozen” abortion doctors as “baby butchers.”
The ruling came two years after a jury in Portland, Oregon, ordered a dozen abortion opponents to pay damages to the Planned Parenthood Federation of America and four doctors who had sued under federal racketeering laws, and after another law that makes it illegal to incite violence against doctors who perform abortions.
“If defendants threatened to commit violent acts, by working alone or with others” then their works could properly support the earlier verdict, Judge Alex Kozinski wrote for the appeals court. But if their works “merely encouraged unrelated terrorists,” he said, “then their words are protected by the First Amendment.”
Seven doctors who carried out terminations have been murdered in the United States, including Dr Barnett Slepian, who was shot dead at his home near Buffalo, New York, in 1998. James Kopp, the man wanted for his murder, was arrested in France last week after two and a half years on the run.
Gloria Feldt, the president of Planned Parenthood Federation of America, said: “We are outraged by the decision today. Our lawyers are reviewing the decision so we can consider our options.
“Reasonable people understand the difference between free speech and harassment that creates a violent social climate. This website represents the latter. Regardless of the next steps, Planned Parenthood remains committed to doing everything we can within the law to protect our patients, doctors, staff, and facilities—and bringing to justice terrorists who threaten them.”
Maria Vullo, the lead lawyer for Planned Parenthood in the 1999 trial, said: “We are obviously disappointed with the 9th Circuit Court's panel decision and firmly believe it is wrong. We plan to appeal to the full 9th Circuit Court and to the United States Supreme Court if necessary and to continue in our efforts to protect our clients from intimidation and violence.”
Figure.
AP PHOTO/DAVID DUPREY
FBI agent Hardrick Crawford Jr (left) announces the arrest of James Kopp in Dinan, France