"A Monopoly In Expressing Its Views": D.C. Circuit Hands Down Major Free Speech Victory For Pro-Life Group
The U.S. Court of Appeals for the D.C. Circuit has handed down a major victory for free speech against the District of Columbia. In Frederick Douglass Foundation v. District of Columbia, Judge Neomi Rao reversed district court judge James E. Boasberg who dismissed the challenge by pro-life protesters who alleged that they were treated differently from Black Lives Matter (BLM) protesters. The selective enforcement of city ordinances gave what Judge Rao called “a monopoly in expressing its views . . . the antithesis of constitutional guarantees.”
The contrast in these cases was raised by a few commentators and sites in prior years.
In the summer of 2020, the city allowed thousands of Black Lives Matter protesters to take over streets in D.C. without any permit. The police watched as protesters wrote slogans and slurs on stores, streets, and sidewalks with paint and chalk. No one was arrested.
However, later two pro-life advocates in a protest in front of a D.C. Planned Parenthood facility were immediately arrested when they chalked “Black Pre-Born Lives Matter” on a public sidewalk.
Chief Judge Boasberg previously held that they had no right to challenge the selective enforcement of the laws. They simply had to plead guilty and accept that their views were not given the same official tolerance.
Judge Rao reversed the trial court and said this is precisely what the First Amendment is meant to prevent. The D.C. Circuit noted that such selective prosecution cases are based on one of the hardest claims to prove: “Selective enforcement claims must clear a high hurdle. Because the lawful exercise of prosecutorial discretion does not violate the Constitution, disparate enforcement of a neutral ordinance based on viewpoint is unlawful only when the prosecutorial factors are similar, and ‘unlawful favoritism’ remains the predominant explanation for the government’s targets.”
https://www.zerohedge.com/political/monopoly-expressing-its-views-dc-circuit-hands-down-major-free-speech-victory-pro-life