On The Front Lines
Rutherford Institute Defends Pro-Life Protester Banned from Washington DC Because of His First Amendment Activities During Inauguration
WASHINGTON, DC— Attorneys for The Rutherford Institute have come to the defense of a pro-life activist who was banned from Washington, DC, after he climbed 40 feet up a tree near the Capitol reflecting pool during the presidential inauguration ceremonies on January 21, 2013, in order to protest the government’s policies on abortion. Rives Grogan has also been charged with disorderly conduct for allegedly shouting from the U.S. House of Representatives gallery during their lunch recess on January 15, 2013, in protest of abortion and in support of a ban on assault weapons and in support of prayer in schools.
In coming to Grogan’s defense, Rutherford Institute attorneys are challenging Magistrate Judge Karen Howze’s decision to ban Grogan from the District of Columbia until his trial on February 25 as a gross overreach of the court’s authority which unnecessarily inhibits Grogan’s freedom of speech and freedom of movement.
“It’s the citizen’s right to confront the government and demand that it alter its policies, but first, citizens have to be seen and heard, and only under extraordinary circumstances should free speech ever be restricted,” said John W. Whitehead, president of The Rutherford Institute. “Unfortunately, politicians have gone to great lengths to evade their constitutional duty to truly make themselves available to their constituents. This, in turn, gives rise to so-called uncivil behavior where concerned citizens such as Rives Grogan show up at a controlled event and shout, heckle, and create a disturbance or engage in civil disobedience, which Martin Luther King Jr. did to great effect.”
Rives Grogan, a 47-year-old Christian preacher and pro-life activist from Los Angeles, California, has a history of engaging in colorful public protest activities in order to bring attention to what he considers to be the evils of abortion. In October 2012, Grogan ran onto the field during a playoff game between the Cincinnati Reds and the San Francisco Giants while holding an “Abortion is Sin” sign. In November 2012, Grogan was reportedly forcibly removed from a campaign rally in Lima, Ohio, at which President Obama was speaking after the protester made an outburst during the president’s remarks. On December 28, 2012, Grogan was charged for speaking out from the U.S. Senate gallery during their lunch recess. Similarly, on January 15, 2013, just as the U.S. House of Representatives broke for lunch after reading the U.S. Constitution and while the lawmakers were leaving the chamber, Grogan, who had been observing the session from the viewing gallery, began shouting about abortion killing children, banning assault weapons and the need for Jesus and the Bible in the schools. A dozen Capitol police officers reportedly responded to Grogan’s outburst, temporarily closing down a corridor on the third floor of the U.S. Capitol. Grogan was charged with unlawful conduct.
Most recently, on January 21, 2013, Grogan was arrested after climbing 40 feet up a tree near the Capitol reflecting pool during the inaugural swearing-in ceremony for President Obama and shouting in protest over the federal government’s abortion policies. Police attempted to get him down from the tree, but could not do so. After five hours, Grogan climbed down and was subsequently charged with disturbing the peace and destruction of public property. The destruction of property charge allegedly came in response to some tree branches that were accidentally knocked down while he climbed down from the tree. Upon reviewing the charges against him, Magistrate Judge Karen Howze ordered Grogan to stay out of the District of Columbia until his trial on February 25.
