Pro-Lifer's Use of Graphic Sign Upheld in Case Against Attorney General

Pro-Lifer's Use of Graphic Sign Upheld in Case Against Attorney General

      ANN ARBOR, MI) — Michigan State law enforcement officials will no longer be able to use an arcane provision of Michigan’s Penal Code to prevent pro-lifer Ann Norton from displaying her graphic photos in front of abortion facilities. The provision in question made it a crime to publicly display pictures of murder or personal violence, and was being used against Ann Norton, a 57 year old grandmother, who had been demonstrating outside of a Planned Parenthood facility in Kalamazoo, Michigan with a sign displaying the image of an aborted child. Federal Judge David W. McKeague signed a stipulated order permanently enjoining Attorney General Jennifer Granholm and the Kalamazoo County Prosecutor from prosecuting Norton under the law.

      According to Norton’s attorney, Thomas More Law Center Associate Counsel, Robert Muise, “This is a tremendous victory for Mrs. Norton and the pro-life cause in Michigan. And while some are critical of these signs, they have proven effective for Mrs. Norton, who has been told by several young mothers outside of the Planned Parenthood facility that they chose life for their unborn children because of these signs. This order will now allow Mrs. Norton and other pro-life demonstrators across this State to exercise their rights free from unlawful police interference.”

      The controversy arose on October 11, 2001, when Norton and her friend were peacefully protesting outside of the Planned Parenthood abortion facility in Kalamazoo, Michigan with an anti-abortion sign displaying a graphic color photo of an aborted child’s head being held by surgical equipment. Inscribed on the sign were the words “Choice Is” and “Abortion.” A passerby who did not approve of this picture tore the sign from its backing. Norton’s friend called police on her cell phone for help, and a Kalamazoo police officer was dispatched to the scene. Several days later, Norton, to her surprise, was informed that she and her friend were being charged for displaying her graphic sign.

      Although police eventually dropped the charges because they had failed to confiscate the sign, they warned Norton to put away her signs or risk future prosecution under this law. Rather than risk arrest, Norton called the Thomas More Law Center.

      The Law Center promptly filed a federal civil rights lawsuit on her behalf challenging the constitutionality of the Michigan law as it applied to her sign and seeking damages against the police officers for violating her First Amendment rights. Named as defendants in this lawsuit were Attorney General Jennifer Granholm, Kalamazoo County Prosecutor James Gregart, Kalamazoo Police Chief Daniel Weston, and three police officers from the Kalamazoo Department of Public Safety. Norton also sought and received a restraining order temporarily preventing the enforcement of this statute against her while the case proceeded.

      This past Friday, Norton received the good news that Judge McKeague signed a Consent Judgment that permanently prohibited the enforcement of this statute against her for displaying her signs. The order stated in part that the enforcement of this Michigan law against Norton for her pro-life demonstrations on October 11, 2001, violated her First Amendment rights.

      As a result, the Judge enjoined Granholm, Gregart, and all of their employees, agents, and successors in officer from enforcing this law against Norton “when she is engaged in peaceful expressive conduct on the public sidewalks or other public access areas of the State of Michigan with signs depicting images of aborted children, fetuses, or human embryos.” The Judge also ordered the Attorney General to pay Norton her reasonable attorneys fees and costs in an amount agreed to by the parties.

      The Judge’s order has effectively ended the case against Jennifer Granholm and James Gregart. However, the case continues against the Kalamazoo Department of Public Safety and several of its officers. According to Attorney Muise, Mrs. Norton wants nothing short of the complete vindication of her constitutional rights, so she intends to pursue the case against the police department and its officers.

      The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. The Center provides its services at no charge, and is dependent upon individual donations, foundations, and corporations for support. The Thomas More Law Center is recognized by the IRS as a 501(c)(3) organization. You may contact the Center at (734) 827-2001, or visit its website at www.thomasmore.org