U.S. Supreme Court

Can children be protected from signs with photos of aborted fetuses? Protester seeks cert


An anti-abortion protester who displayed large pictures of aborted fetuses outside a Denver church during an outdoor Palm Sunday ceremony says he is protected by the First Amendment.

A cert petition in the case is pending before the U.S. Supreme Court, the New York Times reports. The appeal is a sequel to the U.S. Supreme Court decision giving First Amendment protection to anti-gay protesters at military funerals.

In the abortion protest case, the St. John’s Church in the Wilderness sued protester Kenneth Scott after his signs upset several children, the story says. The result was a court order barring Scott from displaying pictures of mutilated fetuses or dead bodies near the church when the images were likely to be viewed by children under 12.

Scott’s cert petition is supported by several First Amendment proponents, many of whom support abortion rights, the story says.

Scott is represented by University of California at Los Angeles law professor Eugene Volokh, who has posted relevant documents at the Volokh Conspiracy.

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