Constitutional Law

Federal judge suspends Pittsburgh ban on leafleting cars

By By The Associated Press

PITTSBURGH ? A federal judge has handed two anti-abortion activists a victory by ordering a temporary halt to enforcement of a Pittsburgh ordinance that bans leafleting of parked cars.

Yesterday, U.S. District Judge David Cercone halted enforcement of the ordinance pending a Nov. 12 hearing. According to the Pittsburgh Post-Gazette, Cercone found the plaintiffs had "a reasonable probability of success" at trial and would have been ?irreparably harmed by having their free speech restricted.?

Pittsburgh officials said the 2008 ordinance was aimed at curbing litter.

But Kathleen Ramsey, of Ross Township, and Albert Brunn, of Pittsburgh, filed suit saying the ordinance was vague and stifled free speech.

Attorney Edward White of the American Center for Law and Justice, which represented Ramsey and Brunn, argued that any litter was caused by drivers who threw the leaflets away. After the injunction was issued, White told the newspaper: "Today the court acted to protect one of the most fundamental rights of all Americans, the right to freedom of speech."

Assistant city solicitor Michael Kennedy said political speech was not targeted and the activists were free to hand literature to people.

First Amendment Center Online staff contributed to this report.

Full post as published by First Amendment Center on October 13, 2010 (boomark / email).