A unanimous panel from the District of Columbia Court of Appeals has dismissed a school's attack on the speech rights of a pro-life sidewalk counselor, Larry Cirignano.
According to a report from Liberty Counsel, the ruling from the appeals court in Washington dismissed the claims that has been launched by Two Rivers Public Charter School.
The organization sued Cirignano "after he peacefully stood on a sidewalk one time near a Planned Parenthood abortion facility situated in between an elementary and middle school in the District of Columbia," Liberty Counsel explained.
He responded with an anti-SLAPP suit against the school.
"Today, the court ruled in favor of Cirignano and dismissed the case brought against him. Liberty Counsel will now return to court to assess attorney’s fees and costs against Two Rivers Public Charter School for its unlawful lawsuit intended solely to thwart the First Amendment right to free speech," the organization reported.
The Planned Parenthood abortion business shares an alley with the school, and actually is located between two buildings of Two Rivers, Liberty Counsel explained.
The lawsuit claimed in one allegation that on November 23, 2015, Cirignano appeared on a public sidewalk holding a sign about abortion.
The school filed the lawsuit "even though he never trespassed on school property or otherwise broke any laws," Liberty Counsel said.
The 3-0 ruling said Two Rivers "has no standing" to sue.
"Two Rivers Public Charter School lacked third-party standing to assert a claim for intentional infliction of emotional distress ('IIED'), and its other claims cannot succeed on their own," the court said.
It added, "We therefore hold that the trial court erred in holding that Two Rivers had demonstrated it was likely to succeed on the merits of its private nuisance and conspiracy to create a private nuisance claims in order to overcome the Anti-SLAPP special motion to dismiss."
"This victory for free speech has taken several years to accomplish but its importance will affect generations," explained Liberty Counsel chief Mat Staver.
"A victory for free speech is a victory for everyone. And a victory to bring awareness about an abortion facility situated near a public school is clearly in the public interest. It was a costly decision for Two Rivers Public Charter School to avoid the First Amendment. Free speech cannot be brushed aside by intimidation or litigation tactics."
WND reported when the case developed that Two Rivers claimed any protests on a public sidewalk imposed "emotional distress" on students and caused a "nuisance" to the school.
"Two Rivers' attempts to circumscribe all speech in the traditional public forum around its location to 'that which would be suitable for the sandbox' is a constitutionally defunct proposition," an earlier filing asserted.
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