Should this anti-abortionist be arrested?

Question

I was driving through my city's downtown area at noon today and noticed that an anti-abortion group had stationed protestors on every street corner with 4X8 signs showing an aborted fetus. There are lots of restaurants in the area, and one of the protestors was stationed about ten feet from an outdoor cafe where people were trying to eat lunch. Someone whom I assumed to be the manager of the cafe (may have been an outraged diner) and the protestor were shouting at one another.

Reactions? Should the protestor be arrested? Forced to move farther away from the cafe? Should the manager and protestor be arrested for disturbing the peace, or just the manager for trying to deny an American citizen his constitutionally protected freedom of expression?

Oops, I misspelled protester.

Towelieban: "This is a legal matter."

That's very true, I'll admit, but at least it's closer to being on topic than many things posted here, including your "How can i stop my Cheesies (Cheetos) and porn dual addiction?" question from two weeks ago.

The protester, actually a candidate for the Creator's Rights Party, returned today at noon and was confronted by police. Apparently they wouldn't let him anywhere near the restaurants, so he displayed his sign from the back of his truck. He remained for two hours, until the parking limit expired. This is the image on his sign: http://www.christiangallery.com/Smhead1.jpg

Answer 1

Freedom of expression is a good thing. While these people may not have the greatest sense of tact, it is imperative in a free country for people to have freedom of speech.

Answer 2

Preface: I consider abortion protests to be religious issues since the anti-abortion groups generally cite scripture to support their views.
As a pro-choice agnostic, I am naturally inclined to feel sympathy for the restaurant owner (whatever his beliefs) simply from the point of view that the protesters' posters were unpalatable when displayed near where people were eating. However, if there was/is no law on the books to prevent such demonstrations or to legislate where they may be held, there was little legally that the owner could do to remove the protester. And, the restaurateur was clearly exacerbating an already unpleasant situation by engaging in the shouting match, although I doubt the altercation was worthy of the arrest of either participant. Therefore, reluctantly, I must side with the protester providing he/she was acting within the law, although I do think that the person might have exhibited a modicum of good taste by taking the protest elsewhere.
If I had been a diner or potential diner, I most likely would have chosen a different locale for my lunch that day!

Answer 3

I think they had a right to protest and i can't see how they could be stopped or limited to certain areas..but i believe taste and decency were very much lacking from the protesters. To target areas where ppl are eating is a step to far. I think it's disrespect for others. I know they say their fighting for the rights of the child, but it looks to me like they have a lot of hatred within..
I don't think anyone should be arrested, and being told to move further away from the cafe would have caused a riot..i would like to see more understanding between anti-abortionists and women who find themselves in unfortunate circumstances..

Answer 4

For an arrest to be made, the protester must be breaking an actual law, or committing a criminal trespass on the restaurant premises. A person "disturbing the peace" will generally only get a ticket, and then they have to be making quite a racket! Barring one of those two circumstances, the protester is engaging in "protected expression" or "speech", and cannot be legally moved or arrested.

Just as Larry Flynt's pornography and "Big Johnson" wear are protected under the First Amendment, so is the Abortion Protester's poster. Nobody has to like it, nobody has to want it, nobody HAS to look at it, but it is a protected expression. The pro-life activist has made his/her point and succeeded in their goal: they stirred up some heated discussion, and made at least one person think.

Did you know, that is is illegal in some states to pray in front of an abortion clinic? So much for our First Amendment rights.

Answer 5

Gotta love situation ethics! Here's my take on this:
One group's lack of taste, or perhaps one protestor's lack of taste, should not make for the need for the intervention of law enforcement. If things get overly loud, then there is perhaps justification for a disturbing the peace charge, but the situation would have to be carefully examined. Incidentally, the Constitution has been construed to give freedom of expression, but the plain language grants freedom to the press, freedom of public assembly and freedom of speech. Signs are not speech, but if carried as part of a demonstration, especially religious in nature, could be considered as part of the constitutionally protected freedom of religious practice.

Since it is apparent that a large percentage of the population does not consider abortion to be murder, a campaign to awaken the senses is understandable, though in this case seems to have been misguided. These folks were eating dinner, for heavens sake! Also, those who undergo the procedure are often filled with remorse and guilt, and this sort of thing does nothing to help them recover. I'm not sure how to respond, and I'm sorry to come across so wishy washy. In spite of my strong convictions, I have a compassionate side that cares about all involved, doctors, patients and the unborn.

Tom

Answer 6

I would say freedom of speech allows them to be there and voice their concerns, even though I find it personally distasteful, but on the flip side the protesters should shoulder the responsibilities that come with the right of free speech and not be @ssholes about it.

This entire legal thing could be avoided if people were a little more considerate.

Answer 7

It depends on the city and state regulartions about demonstrations or protests, how far they must be away from public areas, etc. Probably the best would have been for an officer to come by and calm the situation down without having to take action against anyone

Answer 8

If the protestor was on private property, the manager has the right to ask him to move on. If the protestor did not, then the protestor could be arrested for tresspassing.

Answer 9

I believe rights to assemble can be limited if you are keeping people from conducting their business as usual - i.e. not allowing cafe customers to eat their meals. Assembly must also be peaceful. I could find some issues with displaying an aborted fetus if children could see the signs.

With rights come responsibilities. You do not have the right to infringe upon my rights, and some of those actions do just that.

Answer 10

If they were protesting at that particular spot it probably means that there was an abortion/murder clinic right there. It may be offensive to show the aborted fetus pictures but maybe it's just as offensive knowing that babies are being murdered just a few feet away, too. Freedom of speech, ya' know? It goes both ways!