Appeals court: Kansas abortion opponent must stand trial
Legal Topics | 2015/07/29 19:34
A Kansas abortion opponent must stand trial over a letter she sent to a Wichita doctor saying someone might place an explosive under the doctor's car, a federal appeals court ruled Tuesday.
 
The 10th U.S. Circuit Court of Appeals overturned late Tuesday a lower court's summary decision that anti-abortion activist Angel Dillard's letter was constitutionally protected speech. The ruling comes in a civil lawsuit brought against Dillard by the Justice Department under a federal law aimed at protecting access to abortion services. A split three-judge appeals panel said the decision about whether the letter constituted a "true threat" should be left for a jury to decide.

The appeals court also rejected Dillard's argument that the government violated her free speech rights by suing her.

Emails were sent late Tuesday night to Dillard's attorney and a Justice Department spokesman seeking comment.

The Justice Department's Civil Rights Division sued Dillard in 2011 under the Freedom of Access to Clinic Entrances Act after the Valley Center woman wrote a letter to Dr. Mila Means, who was training to offer abortion services at her Wichita clinic. At the time, no doctor was doing abortions in Wichita in the wake of Dr. George Tiller's 2009 murder by an abortion opponent as Tiller ushered at his church.

In a 2-1 ruling, the appeals panel said a jury could reasonably find that the letter conveyed a true threat of violence.

"The context in this case includes Wichita's past history of violence against abortion providers, the culmination of this violence in Dr. Tiller's murder less than two years before Defendant mailed her letter, Defendant's publicized friendship with Dr. Tiller's killer, and her reported admiration of his convictions," the appeals court wrote in its decision.

Dillard wrote in her 2011 letter that thousands of people from across the nation were scrutinizing Means' background and would know her "habits and routines."

"They know where you shop, who your friends are, what you drive, where you live," the letter said. "You will be checking under your car every day — because maybe today is the day someone places an explosive under it."

Means has testified that her fears upon getting that letter were heightened after reading a news story by The Associated Press that quoted Dillard saying in a July 2009 interview that she had developed a friendship with Scott Roeder while he was in jail awaiting trial for Tiller's murder.





[PREV] [1] ..[1642][1643][1644][1645][1646][1647][1648][1649][1650].. [2842] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
A Supreme Court ruling in a socia..
Prosecutors seek from 40 to 50 ye..
Trump wants N.Y. hush money trial..
Sen. Bob Menendez enters not guil..
Hong Kong court affirms landmark ..
Prosecutors Drop Charges During ..
Supreme Court temporarily blocks ..
Prince Harry loses a court challe..
Witness at trial recounts fatal s..
Court rejects appeal from 3 GOP H..
Ex-Illinois lawmaker abruptly ple..
North Carolina voter ID trial res..
Republicans urge state Supreme Co..
Nevada Supreme Court sides with A..
Court says GOP lawmakers who stag..
Donald Trump must pay an addition..
Supreme Court could overturn Okla..
Illinois high court hands lawmake..
What to know: South Africa's geno..
What to know about arguments over..




St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Bar Association Website Design
Bar Association Member Management
www.lawpromo.com
Sunnyvale, CA truck accident Attorney
www.esrajunglaw.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Web Design For Korean American Lawyers
Korean American Lawyer Website Design
romeoproduction.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Rockville Divorce lawyer
familylawyersmd.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved.The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

A LawPromo Web Design