Expert: Michael Troy - 4/8/2010

Question
Bloody images of aborted babies are being displayed by anti-abortion reform-type protestors (on public property) at entrances to larger churches in our city. I and many others feel violated because we did not have the choice to NOT look at the images and if we had known in advance we would have looked the other way and asked our children to hide their faces… We have no intent to take away the protestors’ rights or ask them to leave because we understand they have the right to be there. But do we as citizens have a right to stand peacefully on the sidewalk next to those protestors with our own specific 'cause' as well as display our own signs? Do we have the right to warn people in our community that upcoming images are bloody and graphic? Can we inform citizens that they have the right to an advanced notice to prepare themselves to avert their children’s eyes as well as their own if they so choose to do so? I don't see how this will in any way affect the protestors’ rights or their organization as long as the protestor’s signs are not being blocked. As long as the situation is peaceful are we also protected under law for our expressions? Lastly, are there any good resources that suggest the best way to use the ‘public highway’ for protesting or speaking out for a cause? Thank you for your feedback!

Answer
Hi Kris,

First, keep in mind that I cannot provide legal advice in this forum.  For that, you would need to speak with an attorney licensed in your State.

That said, Courts have generally said that unpleasant pictured held up by many abortion protesters are protected speech.  The fact that some viewers are offended (even repulsed) by the pictures is not relevant to the First Amendment analysis.  

However, as a private citizens, you are also free to act as you like.  You are free to hold up opposing signs or to warn people about images they may be approaching.  Police sometimes force protesters of opposing views to stand in different areas in order to prevent potential violence.  You should, of course, follow any police orders.  If you think the police are going beyond their authority, you can address the matter in court at a later time.  But basically, you have just much freedom to express your view as does the other side.  You are free to direct people away from those protesters by warning them.  As long as you are not forcing anyone or trying to intimidate anyone there should not be any problems legally.

If you do get into trouble, be sure to seek legal counsel.  There are many groups that are happy to provide free legal assistance to pro-choice protesters, including the ACLU, People for the American Way, NOW, NARAL, and Planned Parenthood.

- Mike