Zachary Hebb

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 center. 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 center, 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 abortion center. 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, the center’s 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.

In the brief filed on September 23, 2024, 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.”

In July 2025, the appellate court ruled in a 2-1 vote to send the matter back down to the district court for trial. We are appealing for an en banc hearing.

“The majority decision is disappointing and flat wrong,” said Senior Counsel Nate Kellum. “The dissenter, Judge Quattlebaum, got it right. As he points out, Asheville provided no evidence that it seriously considered any less restrictive measure before passing a law that flatly bans amplified pro-life speech within thousands of feet of Planned Parenthood. Also, as the judge noted, the law is unduly vague in prohibiting plastic cones. We are considering all options including a petition for an en banc hearing.”

In March 2026, First Liberty Institute and the Thomas More Society announced a settlement between the City of Asheville and Zachary Hebb. Now, the city has amended its ordinance to allow amplified speech up to that which is clearly audible 150 feet away from a device, ensuring Hebb and others can be heard by those walking into and around the center.