Prof. Carl Esbeck was quoted in Christianity Today about a case involving a Denver church on the free speech rights of a demonstrator displaying “images of mutilated fetuses” on the street outside the church. The demonstrator was prohibited by a court from future protests outside the church which might upset or disturb children, a content-based injunction.
Prof. Esbeck joined a brief by 10 First Amendment scholars urging that the Supreme Court grant an appeal. The brief argued that the injunction was directed at the content of the speech in a traditional public forum, and that the scope of the restraint also kept the message from being conveyed to the many adults who were present. Finally, the court had never approved a “child-exception” to free speech except with respect to sexual content.
The Supreme Court has decided not to take the case.