A federal appeals court ruled Tuesday that pro-life activists arrested for sidewalk chalking outside a Planned Parenthood during the Black Lives Matter heyday were likely victims of viewpoint discrimination, reviving a case that a lower court had dismissed.
Both were accused of defacing public property. Given that Black Lives Matter protesters had been allowed to paint and chalk messages on the streets that summer without punishment, the appellate court said there was merit in the pro-life groups’ claim of selective enforcement.
Judge Rao, a Trump appointee, affirmed the U.S. District Court’s dismissal of the equal protection violations, saying the foundation “has not plausibly alleged invidious discrimination by District officials.” “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,” said Erin Hawley, Alliance Defending Freedom senior counsel, who represents the pro-life organizations.
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