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Appeals Court Ruled Against Selective Enforcement in DC Pro-life Case

"Selective enforcement" of defacement statutes

The current “two-tiered justice system” comes in all sorts of packages. The summer of 2020 left DC streets and sidewalks, even walls, covered in Black Lives Matter graffiti, which violated DC ordinances on defacement. The city ignored the violations. But when pro-life protesters wrote “Black Pre-born Lives Matter” on the sidewalk in chalk, they were arrested. In response to a lawsuit by the Frederick Douglass Foundation and Students for Life, the DC Federal Appeals Court ruled on Tuesday that the city cannot commit selective enforcement of its ordinances.

Screenshot via CNN

“In the summer of 2020, thousands of protesters flooded the streets of the District to proclaim ‘Black Lives Matter.’ Over several weeks, the protesters covered streets, sidewalks, and storefronts with paint and chalk. The markings were ubiquitous and in open violation of the District’s defacement ordinance, yet none of the protesters were arrested…

During the same summer, District police officers arrested two pro-life advocates in a smaller protest for chalking ‘Black Pre-Born Lives Matter’ on a public sidewalk. The organizers of the smaller protest, the Frederick Douglass Foundation and Students for Life of America (collectively ‘the Foundation’), sued…

The First Amendment prohibits discrimination on the basis of viewpoint irrespective of the government’s motive. We hold the Foundation has plausibly alleged the District discriminated on the basis of viewpoint in the selective enforcement of its defacement ordinance.” DC District Court Ruling

Washington officials are notorious for censoring viewpoints they disagree with – it’s a deep swamp of blue sharks that hunt for hapless victims. It’s a miracle that the DC District Court ruled that they can’t selectively enforce their own ordinances.

The plaintiffs were represented by Alliance for Defending Freedom. For once, the good guys won. The case is now remanded back for further proceedings. The lawsuit was originally dismissed by a DC court. We’ll see where this ultimately shakes out.

“Washington officials can’t censor messages they disagree with. The right to free speech is for everyone, and we’re pleased the D.C. Circuit agreed that the Frederick Douglass Foundation and Students for Life should be able to exercise their constitutionally protected freedom to peacefully share their views the same as anyone else.” Erin Hawley, VP of Alliance Defending Freedom

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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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