www.mozilla.com Weather Central
Voices
Headlines

Flexing muscles -8/29/2014, 10:00 AM

Blacks must confront reality -8/29/2014, 10:00 AM

The leadership scam -8/29/2014, 10:00 AM

Green monster -8/28/2014, 10:14 AM

The resurrection of Rick Perry -8/28/2014, 10:14 AM

Senate campaign -8/28/2014, 10:14 AM

Right to be heard? -8/26/2014, 10:08 AM

Over-covering Ferguson -8/26/2014, 10:07 AM

Figuring out the tax debate -8/26/2014, 10:07 AM

An obvious ploy -8/25/2014, 9:29 AM

Not-so-beautiful sunset -8/25/2014, 9:29 AM

Cannabis therapy -- Why bother? -8/25/2014, 9:29 AM

Business climate of Kansas -8/24/2014, 11:39 AM

James Foley: Courage in the face of danger -8/24/2014, 11:39 AM

Festering wound -8/24/2014, 11:39 AM

Big banks settling -8/22/2014, 10:16 AM

Tuition pays for this -8/22/2014, 10:16 AM

College textbook scam -8/22/2014, 10:16 AM

Policing a riot -8/21/2014, 9:45 AM

Evil strikes back -8/21/2014, 9:45 AM

Art appreciation -8/21/2014, 9:45 AM

Abuse of power -8/20/2014, 8:22 AM

Ferguson police arrest reporters for reporting -8/20/2014, 8:21 AM

Don't 'got milk' -8/20/2014, 8:21 AM

Another road map to success? -8/19/2014, 10:05 AM

It's the abuse of power, stupid -8/19/2014, 10:04 AM

Riots in Ferguson, and what they mean -8/18/2014, 9:57 AM

One of billions -8/18/2014, 9:57 AM

The GOP presents: Barack-nado -8/17/2014, 2:08 PM

Media and Missouri: What's going on? -8/17/2014, 2:08 PM

Answer the bell -8/15/2014, 8:58 AM

Get ready for denials -8/15/2014, 8:49 AM

Mental illness -8/15/2014, 8:49 AM

Mindless drones -8/14/2014, 9:27 AM

Can-do attitude -8/14/2014, 9:27 AM

'Poor door' -- a symbol of a truth we all know -8/13/2014, 9:19 AM

Eyeing the Ogallala Aquifer -8/13/2014, 9:19 AM

The slacker congress -8/12/2014, 9:02 AM

CIA vs. Senate -8/12/2014, 9:02 AM

The cannabis conundrum -- we against us -8/11/2014, 8:55 AM

The debate is over -8/11/2014, 8:54 AM

The 'Almost' Revolution -8/10/2014, 3:28 PM

Is cross a history lesson or state religion? -8/10/2014, 3:28 PM

Another downgrade -8/10/2014, 3:28 PM

State economy plays critical role in the future of FHSU -8/10/2014, 2:09 PM

Building on past successes for a stronger future -8/10/2014, 2:09 PM

Will Palin's channel rival Comedy Central? -8/8/2014, 9:25 AM

Western anti-Semitism -8/8/2014, 9:25 AM

Patrolmen without borders -8/7/2014, 10:13 AM

Not a choice -8/7/2014, 10:12 AM

Ebola politics -8/7/2014, 10:12 AM

Too few voters -8/6/2014, 10:03 AM

A special breed -8/6/2014, 10:03 AM

A license to vote -8/6/2014, 10:03 AM

Selfies in Auschwitz -- and why it's wrong -8/6/2014, 10:03 AM

Election turnout -8/5/2014, 9:19 AM

Dairy's closing -8/5/2014, 9:19 AM

Concealing the Statehouse debate -8/5/2014, 9:18 AM

Beauty all around us -8/5/2014, 9:18 AM

Needing another senator -8/4/2014, 9:57 AM

Doing what he said -8/4/2014, 9:57 AM

Needing a new understanding of energy -8/4/2014, 9:57 AM

Do-nothing Congress -8/3/2014, 12:02 PM

Seeking the ultimate 'redress of grievances' -8/3/2014, 11:43 AM

Kansas values -8/3/2014, 11:43 AM

A candidate with morals, integrity -8/3/2014, 11:43 AM

Huelskamp deserves vote -8/3/2014, 11:42 AM

One third of 1 percent makes difference -8/3/2014, 11:42 AM

Vote for our future -8/3/2014, 11:42 AM

Reaching a limit -8/3/2014, 11:42 AM

Please stop helping us -8/1/2014, 10:57 AM

Deadly double standards -8/1/2014, 10:57 AM

Huelskamp's attention to detail -8/1/2014, 10:57 AM

Surprise, surprise, surprise -7/31/2014, 10:12 AM

Medicaid expansion a win-win for Kansas -7/31/2014, 10:12 AM

Term limits are first step -7/31/2014, 10:12 AM

Vote for what's right -7/31/2014, 10:12 AM

The next governor -7/31/2014, 10:12 AM

Shultz is the pick -7/31/2014, 10:11 AM

Eyeing the children -7/30/2014, 9:01 AM

Speak from the heart -7/30/2014, 9:01 AM

Changing attitudes -7/30/2014, 9:01 AM

Time to replace Huelskamp -7/30/2014, 9:00 AM

Water vision -7/29/2014, 9:48 AM

No longer a supporter -7/29/2014, 9:47 AM

The power of punctuation -7/29/2014, 9:47 AM

Running for the wrong bus -7/28/2014, 9:04 AM

Old Old Mexico -- Culture and content -7/28/2014, 9:03 AM

The defining issue of economic recovery -7/27/2014, 4:53 PM

In a world of sectarian violence, what can be done? -7/27/2014, 4:53 PM

Funding DHDC -7/27/2014, 1:18 PM

Endorsement for Shultz -7/25/2014, 3:28 PM

Against the wind -7/25/2014, 4:23 PM

Do blacks need favors? -7/25/2014, 4:23 PM

Vote Huelskamp out -7/25/2014, 4:23 PM

Open meetings -7/24/2014, 8:07 AM

Leadership change needed -7/24/2014, 8:07 AM

Vote for Huelskamp -7/24/2014, 8:06 AM

Protecting unborn children -7/24/2014, 8:06 AM

Learning experience valuable -7/24/2014, 8:06 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

AP Breaking News
AP Nation-World News

View this site in another language.