James Anthony

James Anthony believes that life begins at conception, that all human life has God-given worth and dignity, and that ending the life of the unborn is morally wrong. He feels compelled by these beliefs to advocate publicly on behalf of the unborn. To offer alternatives for women seeking abortion, he often shares his message near the Columbus Women’s Health Organization, an abortion center, using amplification to communicate his message. He always obtains an approved registration statement and in full compliance with the city’s amplified sound ordinance.

Protestors who hold views contrary to Mr. Anthony’s life-affirming message began applying for amplified sound permits to counter his pro-life messages. At one point, police were called to the location and told Mr. Anthony that “you can’t say these things” referring to the content of his message. However, officers never asked anyone to lower sound levels from their amplification devices as stated in the ordinance. Later, Mr. Anthony received a call from the chief of police who said that he would no longer be granting amplified sound permits outside of the abortion center stating that such amplification is not allowed in a residential area. He said this despite the fact that the center is in a “neighborhood-commercial zoned area. The chief of police also told Mr. Anthony that he would reverse his decision on the prohibition of amplified devices only if he obtains written permission from the entire neighborhood. Without the use of amplification, in later attempts to communicate, counter-protestors shout and beat on devices to drown out Mr. Anthony’s message.

In the letter sent by First Liberty in February, attorneys state: “The city has no legitimate, much less compelling, interest in banishing all amplified sound—no matter the volume—from a public way in perpetuity. It certainly cannot be said that such a categorical prohibition would qualify as the least restrictive means for addressing any warranted concerns. The city’s decision to unconditionally bar Mr. Anthony’s use of amplified sound to share his religious message on a traditional public forum violates his First Amendment right to free speech, as well as state law.”

“No one should be barred from or criminally punished for personally and compassionately telling someone they are cared for and that there are options other than abortion,” said Nate Kellum, Senior Counsel for First Liberty Institute. “The First Amendment grants all Americans the right to express their point of view, religious or secular, perhaps no more so than on a public sidewalk.”