The Texas Supreme Court has ruled in favor of a pro-life advocate in two freedom of speech cases involving his comments about abortion.
Two separate suits were brought against Mark Lee Dickson, a pastor and advocate of pro-life policies including local “sanctuary city” ordinances, and Right to Life East Texas.
In the suites, the plaintiffs, the Lilith Fund for Reproductive Equity in one case and the Afiya Center and Texas Equal Access Fund in the other, claimed that Dickson legally defamed them by making statements equating abortion to murder and by characterizing those who provide or assist in providing abortion, including the plaintiffs, as “criminal” based on that conduct.
In lower court rulings, one court of appeals said Dickson’s statements were political opinions. Another court of appeals concluded they were not.
Dickson maintained his comments were opinions expressed as part of his advocacy for changes in abortion law and thus free speech.
The Texas Supreme Court ruling issued Feb. 24 addressed both cases.
The Court ruled in favor of Dickson, stating his words are “protected opinion about abortion law made in pursuit of changing that law, placing them at the heart of protected speech under the United States and Texas constitutions.
“Such opinions are constitutionally protected even when the speaker applies them to specific advocacy groups that support abortion rights,” the justices wrote.
“In our state and nation, an advocate is free ‘to speak, write or publish his opinions on any subject,’ perhaps most especially on controversial subjects like legalized abortion.
“An examination of the statements and their context shows no abuse of the constitutional right to freely speak. The speaker did not urge or threaten violence, nor did he misrepresent the underlying conduct in expressing his opinions about it. Either potentially could have removed his constitutional protections.”
Forthcoming decision
Pro-life advocates are expecting a ruling soon in another case that could affect the future of medication abortions. A federal judge in Texas is set to rule on a lawsuit that seeks to restrict access to one of the two drugs typically used to induce a medicated abortion. More than half of all abortions in the U.S. use mifepristone.
A lawsuit filed by several pro-life medical organizations seeks to reverse the Food and Drug Administration’s approval of the drug and remove it from the market. The lawsuit alleges there have not been sufficient studies into the safety of mifepristone.
A decision in this case is expected as soon as today (March 3).
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