Pro-Life
RICO Prosecutions Raise Free Speech Worries
By Robert B. Bluey
CNSNews.com Staff Writer
November 27, 2002
(CNSNews.com)
- Abortion supporters and opponents will be keeping a close
eye on the U.S. Supreme Court next week when it hears a case
that some law scholars say could severely restrict the free-speech
rights of protesters.
At
issue in the case is a nationwide injunction that prevents
the Pro-Life Action League from protesting outside abortion
clinics. The National Organization for Women (NOW) sued the
group's president, Joseph Scheidler, and other pro-life protesters
under a federal racketeering law, commonly known as RICO.
Last
spring the Supreme Court agreed to review a decision by the
U.S. Court of Appeals for the Seventh Circuit upholding a
jury verdict that found Scheidler and other pro-life defendants
guilty. They were ordered to pay $258,000 and told to stay
away from abortion clinics.
Abortion
supporters, including NOW and the National Abortion and Reproductive
Rights Action League (NARAL), claim the lawsuit was necessary
to prevent a growing number of violent incidents at clinics
across the county. They targeted Scheidler's group and Randall
Terry's Operation Rescue. Terry settled with NOW in 1998.
"We
were trying to grapple with a nationwide campaign," said
Terry O'Neill, a vice president of NOW. "Joseph Scheidler
said he was the pro-life mafia. If he was going to claim to
be the mafia, we were going to apply an anti-mafia law to
him."
But
American University law professor Jamin B. Raskin, a self-proclaimed
abortion supporter, said he is troubled by NOW's use of RICO
statutes to silence abortion protesters. Raskin accused pro-abortion
groups of hyping charges of violence to target pro-life groups.
If
the Supreme Court adopts NOW's view, he said the case could
undermine the free-speech rights of not only pro-life groups,
but also animal "rights" activists and anti-globalization
protesters.
"This
is a ridiculous expansion of federal law," Raskin said.
"The expansion of RICO would be utterly divisive. It's
a radical assault on civil disobedience."
Despite
the small number of cases the Supreme Court hears each year,
next Wednesday's hearing in Scheidler v. NOW will mark the
second time this dispute has come before the nation's highest
court.
The
justices ruled in 1994 that NOW could proceed with charges
under RICO, which is typically used to crack down on organized
crime.
The
question before the court this time is whether RICO allows
courts to impose an injunction in a private civil action.
NARAL's
deputy legal director, Sara Love, who argued the case before
a federal trial court, said there is no doubt Scheidler's
organization was practicing extortion tactics against abortion
clinics.
"When
you clear away all the rhetoric, this case is about extortion,"
Love said. "Instead of trying to extort money, the defendants
tried to extort the right to control these clinics."
Raskin
speculated if the Supreme Court adopts the same broad definition
about extortion as the Seventh Circuit did, lawsuits against
protesters would likely continue in greater numbers.
For
instance, in the case of anti-globalization protests in Washington,
D.C. and elsewhere, Raskin said local businesses along with
the World Bank and International Monetary Fund could attempt
their own RICO lawsuit.
But
O'Neill said liberal First Amendment advocates like Raskin
have fallen into a trap by pro-life groups that are trying
to turn the case into a free-speech dispute.
She
cited 121 acts over a 12-year period as evidence that something
needed to be done. That figure, however, has frequently been
disputed. The pro-life groups that carried out the protests
say they mostly consisted of non-violent civil disobedience
involving sit-ins or blockades.
In
addition, the Pro-Life Action League has recently accused
the NOW of calling witnesses who lied in court.
Regardless
of the disputed number of incidents, nothing has prevented
local prosecutors from bringing charges for each crime that
was committed, said Michael E. Rosman, general counsel for
the Center for Individual Rights.
Assault
laws would apply in some cases, he said, and if not, the 1994
federal Freedom of Access to Clinic Entrances Act probably
would.
Love
said individual prosecutions were a possibility, but that
approach could not have halted the "nationwide campaign,"
by pro-life activists.
"RICO
was enacted to get kingpins," Love said. "We're
going after the kingpins, not the ones who are committing
the violent acts. We're concerned about the leaders who are
orchestrating the nationwide agenda."
The
Supreme Court most likely will not rule in the case until
next spring, but the justices' questions might serve as an
indication of their views on the matter.
Raskin
said the past few abortion-related cases to reach the court
have been decided primarily on political grounds surrounding
abortion regardless of the prevailing issues involved.
|