In St. John’s Church in the Wilderness v. Scott, No. 11CA0508, 2012 WL 1435945 (Colo.App. Ap. 26, 2012), the appellate court held that the trial court did not abuse its discretion (1) in prohibiting protesters from entering the church’s property, and (2) by enjoining the use of large posters depicting mutilated fetuses in a manner reasonably likely to be viewed by children. The court did strike the portion of the injunction enjoining speech that caused church parishioners to become physically upset, on the grounds it covered little or no additional conduct not already prohibited. The injunction was issued after the defendants demonstrated their opposition to abortion and homosexuality on the public street and sidewalk across the street from the church during an outdoor Palm Sunday service. Children who were present were upset and many parishioners declined to participate in a second outdoor service. The court found that, although the injunction’s prohibition against posters was subject to strict scrutiny, the government had a compelling interest in protecting children from disturbing images. As a result, it concluded that the prohibition is narrowly tailored.
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Church injunction against protesters and posters partially affirmed
- Holland & Knight LLP
- Nathan Adams
- USA
- May 17 2012
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Philip I. Weis
Senior Corporate Counsel
Pfizer
