This Isn’t Washington, D.C. It’s Worse
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Conservative free speech is under attack, and the ACLJ is fighting back. The First Amendment could be at risk nationwide if we don't act now. We are taking legal action to ensure that our client’s – and others’ – free speech rights are not infringed upon. Our case isn’t based in Washington, D.C., but in rural Illinois. It could happen anywhere, which is why we must win this case.
Here’s the backstory on our huge free speech case. Our client Brandon is a pro-life missionary and founder of a sidewalk counseling ministry. He was holding pro-life signs that read “Free baby supplies” and “Please don’t murder your unborn baby” outside a Planned Parenthood in Carbondale, Illinois.
City officials approached him and openly trampled on his First Amendment rights by ordering him to remove the signs. When Brandon respectfully explained that the signs were legal and he had a right to engage in constitutionally protected speech, the city official responded bluntly: “No, you don’t.”
Police officers were called in. Threats of citation and criminal charges followed. And in a wild moment that shows the real-time efficiency of the ACLJ, Brandon’s pastor called us for help. Within minutes, our lawyers jumped on speaker phone, intervening immediately on behalf of our client and preventing an arrest or a citation.
The next day, our client visited the municipal building and requested a permit to display signs, noting a provision in the ordinance for 501(c) organizations to obtain such a permit. The city officials flatly denied the request, stating that “you can only get a sign permit if you own the property,” despite the ordinance explicitly stating otherwise.
The request being denied wasn’t just bureaucratic incompetence; it was viewpoint discrimination. Brandon’s pro-life message was singled out and suppressed, despite clear legal protections.
Upon hearing the news, the ACLJ sent a legal demand letter to the city of Carbondale, demanding that our client’s free speech no longer be violated. And how did the city officials respond? They didn’t, and their silence spoke volumes. The city would not recognize the First Amendment rights of pro-life advocates in Carbondale.
As a result, the ACLJ filed a federal lawsuit against the city of Carbondale, the city attorney, and the city’s community development manager. We seek to vindicate Brandon’s rights under the Constitution and Illinois law. We have a textbook case of unconstitutional viewpoint discrimination, enforcing a policy in one way for some people and another way for others.
And in the latest development, we filed for a preliminary injunction, along with a declaration from our client and accompanying exhibits. Importantly, the exhibits include photos from other signs that the city did not take down despite being in violation of the way the city officials attempted to enforce the ordinance against our client. This further shows how arbitrarily this statute is being enforced and that our client was, in fact, targeted for his pro-life speech.
Our argument is clear: The city of Carbondale’s ordinance is unconstitutionally vague and discriminatorily enforced. It chills free speech, allows for arbitrary enforcement, and silences voices the city disagrees with – which in this case are those protecting innocent lives.
And again, this case could affect free speech everywhere. Even if you don’t live in Illinois, what if you speak out against the government cracking down on homeschool curriculum or the antisemitic riots on college campuses? You could be prosecuted.
The First Amendment must be protected at all costs. If it can be openly violated in Illinois, it can happen anywhere in America. Again, we’re not talking about an urban blue city. A small town in Illinois is trying to destroy the First Amendment.
That’s why we need you. Join us in fighting for free speech by signing our vital petition. And raise awareness by telling your friends that the First Amendment is under attack. Finally, consider donating to the ACLJ to fund our legal fight.
Today’s Sekulow broadcast included a full analysis of the ACLJ’s major case to defend the free speech rights of a pro-life advocate in Carbondale, Illinois. In addition, Former Secretary of State Mike Pompeo discussed his article “Seven Years Later: Why Withdrawing From the Iran Deal Was the Right Call,” and ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell praised President Trump’s willingness to engage with world leaders.
Watch the full broadcast below: