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Conviction of Abortion Protester For Violating Noise Ordinance Upheld

By Howard M. Friedman

In Commonwealth of Pennsylvania v. Parente, (PA Commwlth. Ct., Sept., 9, 2008), the Pennsylvania Commonwealth Court upheld the conviction of an abortion protester for violating Pittsburgh's noise control ordinance. Joseph Parente had set up loudspeakers to demonstrate in front of an abortion clinic. The court rejected Parente's argument that his conviction and $250 fine violated his free speech and free exercise rights under the 1st Amendment. It found that Parente had other channels of communication open to him and that the Ordinance is a neutral law of general applicability. Finally the court rejected Parente's claim that his conviction violated the Pennsylvania Religious Freedom Protection Act, holding that "Parente never testified that his activities of counseling and preaching to people approaching the clinic constitute 'activities which are fundamental to [his] religion' as provided in Section 3 of the Act. Rather, at best, Parente's testimony merely establishes that he engaged in these activities based upon his religious beliefs or that they flowed from a religious mission."

Full post as published by Religion Clause on September 11, 2008 (boomark / email).