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Judge strikes down Woodbridge, NJ protest law (Great Pro-Life Victory for First Amendment)
The Newark Star Ledger via NJRTL Capwiz e-mail legislative alert ^ | 02.23.05 | Sue Epstein

Posted on 02/23/2005 10:29:48 AM PST by Coleus

A federal judge yesterday struck down a Woodbridge ordinance requiring protesters to obtain a permit from the police chief seven days before holding a demonstration with 20 or more people.

In a 26-page written opinion, U.S. District Judge William Bassler found the Woodbridge ordinance unconstitutional "because it delegates broad licensing discretion to the chief of police," contrary to prior decisions by the U.S. Supreme Court.

"This court has little trouble concluding that the Woodbridge ordinance threatens to chill free speech by imposing monetary penalties on groups that fail to comply with an unconstitutional pre-registration requirement," the judge said. "Clearly some groups may choose to forego engaging in free speech activities rather than risk violating the ordinance or subjecting themselves to the discretion of the chief of police."

Bassler said, "the chief of police's discretion is not constrained by any objective criteria and is therefore constitutionally defective."

The opinion clears the way for a Woodbridge couple, William and Katherine Dowling, to continue their weekly protests, unfettered by permits, outside of a women's clinic, American Women's Services, on Main Street. The clinic performs abortions.

The Dowlings, of Colonia, filed suit against the township last month, charging the ordinance violated their First Amendment rights to free speech.

The couple's main complaint with the ordinance was that it requires the organizer to obtain a permit seven days prior to the event from the police chief for any gathering of 20 or more people "for the purpose of demonstrating, picketing, speechmaking, marching and holding vigils."

Violators can be fined $250 for the first offense, $500 for the second offense and $1,000 for any additional offenses.

The Dowlings argued that they don't always know how many people are going to join them in advance.

(Excerpt) Read more at nj.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; US: New Jersey
KEYWORDS: 1stamendment; abortionclinic; billofrights; firstamendment; legalcenter; usconstitution; woodbridge
Above is an article that appears in today's Star Ledger which reports on a Federal Judge's decision to strike down a Woodbridge ordinance that sought to restrict the first amendment rights of pro-life citizens.
 
Many thanks go to Richard F. Collier, Jr., Esq., the President of the Legal Center for Defense of Life, Morristown, NJ, for a successful victory.  It is important to note that the abortion clinic mentioned in this article is operated by infamous abortion provider, Steven Brigham, whose license has been revoked in numerous states, including Florida and NY.  Brigham retains an active license here in NJ and operates several abortion clinics located throughout the state. 
 
In 1996, a NJ Administrative Law Judge issued an opinion fully reinstating Brigham's license to practice in NJ after charges were brought against him by the NJ State Attorney General  for repeated acts of gross negligence, malpractice and incompetence and exhibiting poor judgment to safely practice medicine in NJ. You can read the final decision by clicking the following link.
 
Brigham Decision
 
Marie Tasy
Executive Director
NJ Right to Life

1 posted on 02/23/2005 10:29:54 AM PST by Coleus
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To: 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ...


2 posted on 02/23/2005 10:30:40 AM PST by Coleus (Abortion and Euthanasia, Don't Democrats just kill ya! Kill babies, Save the Bears!!)
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To: Coleus
And gee, who was the Mayor of Woodbridge when this ordinance was passed?
3 posted on 02/23/2005 10:32:24 AM PST by Incorrigible (immanentizing the eschaton)
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To: Coleus

El bumperino.


4 posted on 02/23/2005 10:57:36 AM PST by TBP
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To: 2nd amendment mama; A2J; Agitate; Alouette; Annie03; aposiopetic; attagirl; axel f; Balto_Boy; ...

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

5 posted on 02/23/2005 10:58:06 AM PST by Mr. Silverback (Chrome wheeled, fuel injected and steppin' out over the line)
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To: Mr. Silverback

Did you happen to see "House" last night? Amazingly, for Hollywood, positive , and tender portrayal of the pro-life ideal..public opinion is changing..


6 posted on 02/23/2005 1:04:19 PM PST by ken5050 (The Dem party is as dead as the NHL..)
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To: ken5050
Did you happen to see "House" last night? Amazingly, for Hollywood, positive , and tender portrayal of the pro-life ideal..public opinion is changing.

No, I didn't see it. Could you elaborate?

I've also noted that Without a Trace devoted a whole show to making pro-lifers look like terrorist sympathizers (an informant described a group of clinic bombers as "heroes to the whole movement") and pro-choicers look likebrave, kind souls, but I've also noticed that Horatio Crane is a pro-lifer, and his whole team is anti-porn.

Interesting dynamics.

7 posted on 02/23/2005 1:14:24 PM PST by Mr. Silverback (Chrome wheeled, fuel injected and steppin' out over the line)
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To: ken5050
OOOPS!!!

That's Horatio Caine, and if you're unfamiliar with him he's on CSI Miami.

8 posted on 02/23/2005 1:15:35 PM PST by Mr. Silverback (Chrome wheeled, fuel injected and steppin' out over the line)
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To: Mr. Silverback

It's a medical drama..but with an edge to the leadign character...in this episode, there's a baseball player, with a life threatening disease..he needs a kidney transplant. His wife wants to donate one of hers. She is a match..they find out she's preganat, so she can't donate. She wants to have an abortion. The husband doesn't want her to..he says the child is the most important thing he's ever done..Initialy, one doctor is in favor of the abortion, another doctor questions that chocie, says that life exists in the fetus..the other doctor says " isn't that a religious point of view?"..the reply is "of course it is"..In the end the doctor who first was in favor of the abortion comes around, tells the mom to have the kid..happily for all, the real diagnosis come to light, the patient recovers, and all, includign the baby will live happily ever after..

all in all a very sympathetic depiction of both the sanctity of life, and the moral courage of those who defend it..I'll try to see it it's going to be re-run and ping you..


9 posted on 02/23/2005 1:21:18 PM PST by ken5050 (The Dem party is as dead as the NHL..)
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To: Mr. Silverback

Google House TV..lots of more elaborate recaps than mine..I checked..but no rebraodcast scheduled in the near future..


10 posted on 02/23/2005 1:30:32 PM PST by ken5050 (The Dem party is as dead as the NHL..)
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To: ken5050
I appreciate the info.

I've been watching the way abortion is portrayed on TV (at elast, the TV I watch) and it's interesting how even libtastic shows will make it look like a complete tragedy with no upside and even play up the aspects of abortion that Kate Michelman doesn't want anyone discussing.

Take ER, for instance. One patient was portrayed as faking abdominal pain so she could get an ultrasound...and then she left to get a sex selection abortion, and the staff was horrified. In another case, Abby lockhart, one of the main characters, convinced a woman with several small children to consider having an abortion, and she did...but then she told her husband it had been a miscarriage and she agreed to try to have another child. In another case they played up the "life of the mother" angle in a story about a woman with a fast-growing cancer, but when the surgeon opened her up and discovered that she could not survive but the baby could be carried to term, they couldn't get the decision reversed and the child was needlessly killed. The show is very propagandistic when it deals with major issues, so their treatment of abortion seems to be saying, "Maybe we should rethink this stuff, huh?"

And as I mentioned, CSI Miami keeps doing pro-life storylines, including one where Horatio Caine couldn't get enough proof to prosecute a guy who murdered his girlfriend when she wouldn't abort. So he gets the guy in the interrogation room and hands him a picture of what his child might have looked like, and tells the guy, "Every year, on her birthday, you will look up, and I...will...be there."

11 posted on 02/23/2005 1:44:07 PM PST by Mr. Silverback (Chrome wheeled, fuel injected and steppin' out over the line)
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To: Mr. Silverback

ER is the West Wing set in a hospital..the 60's libs fantasy of what life on earth shoudl be like..


12 posted on 02/23/2005 1:49:36 PM PST by ken5050 (The Dem party is as dead as the NHL..)
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To: ken5050

Perfect description. The one that really got me was when this one raving nut with a gun was trying to hunt down Dr. Green's family, and Chen and Carter were ticked off at the guy who shot him. Why? Because the citizen who stopped the shooting rampage owned a handgun in violation of chicago law. I just about died laughing.


13 posted on 02/23/2005 1:52:07 PM PST by Mr. Silverback (Chrome wheeled, fuel injected and steppin' out over the line)
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To: Coleus

BTTT!


14 posted on 02/23/2005 7:31:44 PM PST by Salvation (†With God all things are possible.†)
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To: ken5050
Angel in the Waters -- New Pro-Life book for children [Tissue Alert]
15 posted on 02/23/2005 7:32:12 PM PST by Salvation (†With God all things are possible.†)
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To: Mr. Silverback

Thanks for the ping. Read later bump.


16 posted on 03/05/2005 11:56:50 AM PST by Kevin OMalley (No, not Freeper#95235, Freeper #1165: Charter member, What Was My Login Club.)
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