Zachary Hebb believes that abortion is the wrongful killing of human life—a view he is compelled to share with others, especially individuals visiting the Asheville Health Center. Speaking through an amplifier, Hebb offers tangible aid for keeping babies, informs listeners about adoption, and shares his Christian faith. He does all this at an appropriate volume level in a conversational tone, just loud enough to be heard.
During the time Hebb was sharing his abortion alternative messages publicly, the City of Asheville initiated a project to revamp its noise ordinance. The top noise concerns included noise created by neighborhood activity, dog barking, construction, amplified music, industrial/institutional facilities and equipment, fireworks, and trash pick-up. Clearly, the proposed ordinance did not contain restrictions on amplified noise outside of medical clinics or public schools.
However, in a separate meeting, a city council member met with a representative from Planned Parenthood South Atlantic and staff members of the Asheville Health Clinic regarding concerns about pro-life activity outside the clinic. Following this meeting, the city council member sent proposed language for the noise ordinance which contained an amplification ban. This ban would create a buffer zone around the health clinic, effectively cancelling Hebb’s speech from being heard.
Eventually, the city ordinance included this new language, barring Hebb from communicating his message in close proximity to the health clinic. While the ordinance applies a flat ban on amplified speech on public property, it only applies a reasonable decibel level on amplified speech delivered from private property. Because of this, clinic staff can and do legally play amplified music from their property to purposefully drown out Hebb’s unamplified messages.
The District Court granted summary judgment to Hebb finding that Asheville’s amplification ban violates the First Amendment, is unconstitutionally vague, and deprives Hebb of his right to be heard.
In response to the lower court decision, the city filed an appeal to the US District Court of Appeals for the Fourth Circuit.
“As the lower court found, the ordinance passed by the city of Asheville is undeniably vague and deprives our client of his free speech rights,” said Nate Kellum, Senior Counsel for First Liberty Institute. “The policy effectively bans our client from being able to express his message simply because it is pro-life. Silencing contentious speech is simply shameful and violates the First Amendment.”
In the brief filed on September 23, Hebb’s attorneys argue, “The one-sided application of the amplification ban is revealing. Permitting AHC clinic employees and escorts to use loud electronic amplification to promote abortions in virtually the same place where it prohibits the use of all amplification and even plastic cones to oppose abortions belies Asheville’s supposed interest in keeping medical patients from excessive noise. Asheville has no answer for how amplified noise on public ways in front of medical clinics can be a genuine problem when it freely allows amplified noise in much closer proximity to the clinics.”
News Release
For Immediate Release: 9.23.24
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Pro-Life Advocate Urges Appeals Court to Affirm Decision that Struck Down Asheville, NC Speech Ordinance
Lower court found that noise ordinance targeted pro-life speech outside city’s only abortion center, violated First Amendment.
Richmond, VA—First Liberty Institute and the Thomas More Society today asked the U.S. Court of Appeals for the Fourth Circuit to uphold a lower court decision that struck down an Asheville, NC ordinance that targeted pro-life speech outside the city’s only abortion center.
You can read the brief here.
“As the lower court found, the ordinance passed by the city of Asheville is undeniably vague and deprives our client of his free speech rights,” said Nate Kellum, Senior Counsel for First Liberty Institute. “The policy effectively bans our client from being able to express his message simply because it is pro-life. Silencing unpreferred speech is simply shameful and violates the First Amendment.”
Zachary Hebb believes that abortion is the wrongful killing of human life—a view he is compelled to share with others, especially individuals visiting the Asheville Health Center. He offers tangible aid for keeping babies, informs listeners about adoption, and shares his Christian faith using an amplifier speaking in a conversational tone at a volume level appropriate for the area. During the time Hebb was sharing his abortion alternative messages publicly, the City of Asheville initiated a project to revamp its noise ordinance. The proposed noise ordinance did not contain restrictions on amplified noise outside of medical clinics or public schools. But in a separate meeting, a city council member met with a representative from Planned Parenthood South Atlantic and staff members of the Asheville Health Clinic regarding concerns about pro-life activity outside the clinic. After this meeting, the city council member sent proposed language for the noise ordinance containing an amplification ban that would put a buffer zone around the health clinic. Eventually that language was included in the city ordinance, barring Hebb from communicating his message in close proximity to the health clinic.
The District Court granted summary judgment to Hebb finding that Asheville’s amplification ban violates the First Amendment, is unconstitutionally vague, and deprives Hebb of his Free Speech rights.
In the brief filed today, Hebb’s attorneys argue, “The one-sided application of the amplification ban is revealing. Permitting AHC clinic employees and escorts to use loud electronic amplification to promote abortions in virtually the same place where it prohibits the use of all amplification and even plastic cones to oppose abortions belies Asheville’s supposed interest in keeping medical patients from excessive noise. Asheville has no answer for how amplified noise on public ways in front of medical clinics can be a genuine problem when it freely allows amplified noise in much closer proximity to the clinics.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
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