Pro-life advocates and supporters of freedom of speech both have something to celebrate about.
A panel of the Seventh Circuit Court of Appeals in Indiana has reversed an earlier decision by a lower court banning a pro-life crisis pregnancy centre from advertising on the bus system of Fort Wayne.
Judge Richard Posner, a member of the three-judge panel, said the district court's ruling against Women's Health Link, which sought to advertise its services on the state-ran Citilink, was "unjustifiable," "arbitrary and discriminatory," and a form of "groundless discrimination against constitutionally protected speech," according to LifeSiteNews.
The panel overturned the decision of U.S. District Judge Robert L. Miller Jr., who argued that Women's Health Link was placing ideological or political advertisements in the city bus system, which is not allowed.
"It [the proposed advertisement] is a public service announcement that does not so much as hint at advocating or endorsing any political, moral, or religious position," Posner said in the panel's decision, as quoted by LifeSiteNews.
The panel also did not see any problem with the pro-life group, which sued Citilink in 2014, placing its website on the advertisements.
"Even if one goes behind the ad to the organization's website, one must go to the mission statement and the "Diaper Project" pages for an indication of a pro-life position. Yet the district judge granted summary judgment in favor of Citilink. He shouldn't have," the recent ruling stated.
The three magistrates in the circuit court also pointed out that Citilink earlier allowed advertisements of nonprofit organisation United Way, which is financially supported by Planned Parenthood.
Kevin Theriot, an attorney aligned with the Alliance Defending Freedom and who represented Women's Health Link, said the circuit court's decision is a victory for freedom of speech.
"A government shouldn't be censoring ads from a group like Women's Health Link when it is running nearly identical ads from other groups, such as The United Way. The 7th Circuit's decision rightly understands that the First Amendment protects freedom of speech for all people, regardless of their political, moral, or religious views," Theriot said.
"The city of Fort Wayne's bus system has a responsibility, like all other government entities, to ensure equal access to community advertising forums that it creates," he added.
