First Amendment under fire
On Thursday November 10th the Wyoming Supreme Court heard testimony concerning the arrest of 2 pro-life demonstrators in Jackson Wyoming in May. The two arrested represented Operation Save America. The group targeted Dr. Brent Blue who is the only doctor in the state to offer abortions.
The attorney representing Operation Save America argued that it was improper for the town to secure a court order barring activists from appearing within two blocks of the town square. The town didn’t notify protesters beforehand that it was seeking the order.
The attorney representing Jackson argued that it was proper for the town to secure the restraining order from District Judge Timothy Day. Further stating that local law enforcement feared possible violence if the protesters, who previously had been showing graphic signs of aborted fetuses around Jackson, came together on the town square with about 200 Boy Scouts and their families who were gathering for an annual auction of elk antlers.
Justice E. James Burke closely scrutinized the town’s failure to notify Operation Save America before seeking the court order.
Burke noted that the U.S. Supreme Court has said there’s no place in the law for issuing restraining orders without notice that deprive people of their basic freedoms guaranteed by the First Amendment unless there’s proof it was impossible to notify them and give them an opportunity to participate in the court hearing.
Jackson city attorney responded saying that she didn’t want Operation Save America protesters to know who she was. She said Jackson was in a very volatile situation when the protesters were in town.
Justice Burke asked; “Isn’t our system sort of based on both sides having an opportunity to present their position to the court?”
The court has taken the case under advisement and will issue a written decision in weeks to come.
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