www.mozilla.com Weather Central
Voices
Headlines

Roberts not the answer -10/30/2014, 10:25 AM

See the signs -10/30/2014, 10:23 AM

Incumbents always win -10/30/2014, 10:23 AM

Convention center -10/30/2014, 10:23 AM

Schodorf for SOS -10/30/2014, 10:14 AM

Supermarket shenanigans -10/29/2014, 10:19 AM

Americans can fix the Senate -10/29/2014, 10:19 AM

A plea to city commissioners -10/28/2014, 8:58 AM

Having no price tag -10/28/2014, 8:58 AM

Leiker understands -10/28/2014, 8:58 AM

Justice doing his job -10/28/2014, 8:58 AM

Kansas and Greg Orman -10/28/2014, 8:58 AM

'Surplus' KDOT money needed in western KS -10/28/2014, 8:58 AM

Ready for a budget spin -10/28/2014, 8:58 AM

Dishonest mailing -10/28/2014, 8:58 AM

Changing Republicans -10/27/2014, 10:02 AM

Follow the votes -10/27/2014, 10:02 AM

Shameful attempts -10/27/2014, 10:02 AM

Slanderous ads repulsive -10/27/2014, 10:02 AM

Medicare experiment -10/27/2014, 10:02 AM

Profile, or die -10/27/2014, 10:02 AM

Important issues -10/27/2014, 10:01 AM

Politics at their finest -10/27/2014, 10:01 AM

Most important election -10/26/2014, 4:02 PM

Enough is enough -10/26/2014, 4:02 PM

Is Roberts on final lap? -10/26/2014, 4:02 PM

Democrat turned Brownback supporter -10/26/2014, 4:02 PM

Editor Bradlee; For it All, 'Thank You' -10/26/2014, 4:02 PM

Davis for governor -10/26/2014, 4:02 PM

Roberts a changed man -10/26/2014, 4:02 PM

Time to stay the course -10/26/2014, 4:02 PM

Embarrassing economists -10/24/2014, 9:13 AM

Sherow for House -10/24/2014, 5:07 PM

It can't get crazier (wanna bet?) -10/24/2014, 9:04 AM

Digital distractions -10/23/2014, 10:01 AM

Orman for Senate -10/23/2014, 10:01 AM

Federal persecutors -10/23/2014, 10:00 AM

More ed cuts coming -10/22/2014, 5:38 PM

Leiker is the answer -10/22/2014, 5:38 PM

Sun shining on schools? -10/22/2014, 5:38 PM

Airline a great addition -10/22/2014, 5:38 PM

Huelksamp: ideologue extraordinaire -10/22/2014, 5:38 PM

Kids do count -10/22/2014, 10:31 AM

Needing the past in the future? -10/22/2014, 10:31 AM

In praise of hunting -10/22/2014, 10:30 AM

What is a CID? Will it work for mall? -10/21/2014, 10:22 AM

Judging importance on the ballot -10/21/2014, 10:22 AM

Kansas Speaks -10/21/2014, 10:22 AM

Paying for schools -10/19/2014, 1:21 PM

Joining forces for Orman -10/19/2014, 1:21 PM

Research before voting -10/19/2014, 1:21 PM

Davis is moderate? -10/19/2014, 1:21 PM

The most important election in your lifetime -10/19/2014, 1:21 PM

Huelskamp stands out -10/19/2014, 1:21 PM

Kansas farm interests -10/19/2014, 1:21 PM

Keeping unfounded reports from 'going viral' -10/19/2014, 1:21 PM

The age of cynicism -10/18/2014, 9:02 AM

Preventable diseases -10/17/2014, 10:28 AM

Second term needed -10/17/2014, 10:28 AM

Kansans deserve better -10/17/2014, 10:28 AM

Officially killing Americans -10/17/2014, 10:27 AM

New era at FHSU -10/16/2014, 10:01 AM

Roberts is right choice -10/16/2014, 10:01 AM

Crumbling Constitution -10/16/2014, 9:52 AM

Redbelly's future -10/16/2014, 9:52 AM

Kansas deserves better -10/15/2014, 10:23 AM

Remember to vote on Nov. 4 -10/15/2014, 10:23 AM

You almost feel sorry for Sean Groubert -10/15/2014, 10:23 AM

Register to vote -10/14/2014, 10:14 AM

Living on that 70 percent -10/14/2014, 10:14 AM

New bullying problem for schools: parents -10/14/2014, 10:14 AM

Cheerios, marriage equality, the Supreme Court -10/13/2014, 9:49 AM

Wedded bliss -10/12/2014, 5:54 PM

Who is the real fraud? -10/12/2014, 5:08 PM

Teenagers 'make some noise' -10/12/2014, 5:08 PM

Not so private property -10/10/2014, 10:01 AM

Federal funding -10/10/2014, 10:01 AM

Teacher indoctrination -10/10/2014, 10:01 AM

Vote Republican -10/9/2014, 9:49 AM

Non-partisan politics -10/9/2014, 9:49 AM

Teen driver safety week Oct. 19 to 25 -10/9/2014, 9:04 AM

FHSU party -10/9/2014, 10:11 AM

Poverty in America -10/9/2014, 10:11 AM

Let the women serve -10/9/2014, 10:11 AM

Time for new direction -10/8/2014, 9:49 AM

Improving Kansas economically -10/8/2014, 9:35 AM

Water abusers -10/8/2014, 9:35 AM

Play safe on the farm -10/8/2014, 9:34 AM

Where the money comes from -10/7/2014, 10:24 AM

The president's security -10/7/2014, 10:24 AM

Marriage equality -10/7/2014, 10:24 AM

The sins of the father are visited -10/6/2014, 9:02 AM

Cannabis in America: The bottom line -10/6/2014, 9:20 AM

A reason to celebrate -10/6/2014, 9:20 AM

Gov. shields wealthy from paying for schools -10/5/2014, 2:07 PM

Passionate protest in defense of civil disorder -10/5/2014, 2:07 PM

October is time for baseball and, of course, film premieres -10/4/2014, 2:16 PM

Alley cleanup -10/3/2014, 10:01 AM

Will the West defend itself? -10/3/2014, 10:01 AM

Find another school -10/3/2014, 10:01 AM

myTown Calendar

SPOTLIGHT
[var top_story_head]

Ban on 'gruesome images' threatens free speech

Published on -6/16/2013, 4:29 PM

Printer-friendly version
E-Mail This Story

For those of us who worry about the vitality of free speech in the "land of the free," the news this week isn't good.

On Monday, the U.S. Supreme Court refused to review a Colorado appeals court decision banning anti-abortion activists from displaying "gruesome images" of mutilated fetuses that might be seen by children.

The case that precipitated the appeals court ruling, Scott v. St. John's Church in the Wilderness, concerns an anti-abortion protest that took place several years ago on a public sidewalk near a Denver church -- a church the protesters believed had fallen away from the teachings of the Bible by supporting abortion.

Although the protest couldn't be seen or heard from within the church, the demonstration was timed to coincide with the church's outdoor Palm Sunday procession.

Parishioners, including children, could look across the street and see the graphic images carried by the picketers.

According to the appeals court, censoring the speech of anti-abortion protesters is justified because the state has a compelling interest in "protecting children from certain images of aborted fetuses and dead bodies."

The court's concern for the sensibilities of children is understandable. But consider the dangers of restricting content of political speech in public spaces merely because children might be disturbed by the message.

As the petition asking the Supreme Court to overturn the decision points out, "children under 12 are present in many locations. They often come with their families to parks. They accompany their parents to go shopping. ... Their parents drive them down streets, from which they can see protesters on sidewalks. If the decision below is allowed to stand, speech in all these places could be restricted."

Moreover, compelling pro-lifers to tone down their message in public places deprives the movement of one its most effective tools.

Opponents of abortion use graphic images precisely because photographs convey a message about what they believe is the brutality of abortion -- a message that can't be delivered in words alone.

If government can ban pro-life groups from displaying "gruesome images" because they might upset children, government also could ban animal rights activists, anti-war protesters and any number of other groups from employing potentially disturbing photographs to promote their cause.

Lower courts have been divided about the power of government to put content-based restrictions on political visual messages in public places in order to shield children. Such images enjoy higher First Amendment protection in some places than in others.

That's why it is disappointing the Supreme Court did not take the Colorado case as an opportunity to end the confusion -- and, one would hope, make clear government cannot restrict robust political speech in the public square anywhere in America.

After all, the ability to "shock the conscience" depends on the right to shock the viewer -- a right that is at the heart of free speech.

Charles C. Haynes is director of the Religious Freedom Education Project at the Newseum.

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos