Preliminary injunction keeps Maine police from quieting down pro-life protesters outside abortion clinics

A judge in Maine has granted a preliminary injunction that prevents police officers from enforcing the Noise Provision of the Maine Civil Rights Act against people who are protesting outside of abortion facilities.

"This case presents the difficult question of whether a state law providing protection to women seeking access to constitutionally-protected health care violates the First Amendment rights of an individual who wishes to voice his opposition to abortion on a public sidewalk," the order by U.S. District Judge Nancy Torresen reads. "I conclude that it does."

The ruling is for a case filed in December 2015 by nonprofit law firm Thomas More Law Center on behalf of Pastor Andrew March against Maine attorney general Janet Mills and three police officers.

According to the press release, March was making a pro-life speech in the public sidewalk outside of the Portland Planned Parenthood facility in 2015 when he was warned by the police to lower down the volume of his preaching or face prosecution. The police informed him that he was officially warned under the Maine Civil Rights Act. Under the Noise Provision of the said act, it is illegal, after a police warning, for people to make noise -- with the intent of interfering with a procedure -- that can be heard inside an abortion facility.

The judge questioned the "intent to interfere with a medical procedure" part, which essentially differentiates speech based on the content of the message. Thus, a pro-life speech would be restricted because it is against abortion, but a pro-choice speech would not.

"The Noise Provision regulates noise, in part, by its function or purpose," the judge wrote. "Outside a health care facility that performs abortions, a pro-life protester's activity would be treated differently under the Noise Provision than a pro-choice protester's activity. Conversely, outside a crisis pregnancy counseling center, a pro-choice protester's noise would be treated differently than a pro-life protester's noise. The difference in treatment is based on the message expressed."

The Planned Parenthood clinic is located in downtown Portland, Maine, where many pro-life advocates have voiced their stance against abortion. In October last year, the attorney general of Maine revived the Noise Provision of the Act in order to file charges against Pastor Brian Ingalls, who has been very vocal of his opposition to abortions.

"This is a victory regardless of whether you acknowledge that unborn children posses lives worth defending," said Kate Oliveri, the trial counsel handling the case. "Free speech rights are central to maintaining a free society and the court took a huge step toward protecting those rights for all citizens of Maine."