DOJ to Probe Abortion Doc’s Murder; When Does Protest Become Criminal?

Following news Friday that the U.S. Department of Justice would investigate the slaying of a well-known physician who performed late-term abortions in Wichita, Kan., a famous U.S. Supreme Court case has suddenly become a hot topic of conversation.

As the DOJ announced that it would "work tirelessly to determine the full involvement of any and all actors in this horrible crime, and to ensure that anyone who played a role in the offense is prosecuted to the full extent of federal law," it appears that possible incitement of the suspect who allegedly murdered Dr. George Tiller could be at issue, according to the San Francisco Chronicle.

However, under the supreme court's 1969 decision in Brandenburg vs. Ohio, a successful prosecution would require a showing that a speaker intentionally promoted "imminent" criminal action which was "likely" to occur, the newspaper reports.

Charged with murder last week a few days after the 67-year-old Tiller was gunned down as he served as an usher at his church on May 31, suspect Scott Roeder, 51, may have had ties to radical anti-abortion protesters, according to the Los Angeles Times.

The Kansas City Star reports that a man matching Roeder's description—and whose license plate allegedly was the same as Roeder's—may have been involved in repeated claimed incidents of vandalism at a Kansas City clinic.

Additional coverage:

Associated Press: "Suspect in Doctor's Death Warns of More Violence"

Chicago Tribune: "Recent violence in churches exposes lack of security, experts say"

Domestic Disturbances (New York Times, opinion): "Dr. Tiller’s Important Job"

ABAJournal.com: " AG Orders US Protection for ‘Appropriate’ Facilities After Abortion Doc Killed"

ABAJournal.com: "Lawyer for Slain Abortion Doc Says He Never Showed Fear"