It is an American pastime to exercise free speech on public sidewalks.
But not in Pittsburgh. City officials have ignored the First Amendment and have created hundreds of zones around the city that authorize censorship.
But this censorship is unconstitutional, not to mention that the U.S. Supreme Court has already struck down these types of zones. Thankfully, five pro-life sidewalk counselors decided to challenge this in court. Let’s take a look at their case.
Who: Pro-life Sidewalk Counselors
Nikki Bruni was listening to the radio when the topic of abortion came up. She found herself deeply affected by the discussion, and it motivated her to address an issue that she realized was damaging many people.
Today, Nikki is a sidewalk counselor in the city of Pittsburgh.
She and many others provide an important pro-life witness by peacefully standing on sidewalks in front of abortion clinics. They quietly pray for the mothers and unborn children inside. When men and women walk to and from the clinic, they speak compassionately to them about the development of their child and offer to help them in any way they can.
But their right to do this is being threatened.
In 2005, Pittsburgh passed an ordinance that allows government officials to ban leafleting and other free speech around the facilities of abortionists, eye doctors, dentists, and any “therapeutic,” “healing,” or “health-building” treatment providers.
While it may seem odd for such an ordinance to lump each of those different facilities together, it’s quite clear what’s going on. The law targets pro-life counselors who stand on public sidewalks outside of abortion facilities.
How do we know? Because the city applies the ordinance to prohibit pro-life speech, but allows abortion facility employees to speak in the zone.
Not only is this a major violation of the Constitution, it contradicts the precedent the U.S. Supreme Court set in McCullen v. Coakley. In that case, the Court unanimously struck down a similar law in Massachusetts, saying that it violated the First Amendment.
Yet, Pittsburgh’s ordinance is still in effect.
That’s why Alliance Defending Freedom (ADF) filed a lawsuit against the city.
When: September 2014—Present
ADF attorneys first challenged the Pittsburgh law in federal court in September of 2014.
In March of 2015, the U.S. District Court for the Western District of Pennsylvania refused to halt the unfair law and partially dismissed the lawsuit. So, ADF attorneys appealed the decision to the U.S. Court of Appeals for the Third Circuit.
The Third Circuit said in June of 2016 that the lower court had failed to follow Supreme Court precedent. The court even said in its opinion that the Pittsburgh law “imposes the same kind of burden on speech” as the Massachusetts law struck down by the Supreme Court in McCullen.
Despite this, the district court continued to uphold Pittsburgh’s anti-free speech zones in a ruling in November of 2017.
So ADF attorneys appealed to the Third Circuit in January 2018. Oral arguments for the case were held in February of this year.
Where: Pittsburgh, Pennsylvania
Pittsburgh adopted this ordinance in 2005. When Mayor Bill Peduto took office in 2014, he began enforcing this ordinance, which he originally voted for as a city councilman.
Why: To protect the freedom of speech.
Every American has the God-given right to speak freely—including pro-life counselors.
“Americans have the freedom to talk to whomever they please on public sidewalks,” points out ADF Legal Counsel Elissa Graves. “That includes peaceful pro-lifers who just want to offer information and help to women who would like to know their options.”
The Bottom Line
Every American has the right to speak on public sidewalks—including pro-life sidewalk counselors.