A Fourth to Be Reckoned With: The Fourth Circuit Upholds the First Amendment!
If you’re wondering what the most dangerous place for an African-American is, try the womb.
More than 40% of black children are losing their lives to abortion before they start — but you won’t hear that from the NAACP.
In one of the more tragic ironies of liberalism, the longtime civil rights group has become a shill for the thing destroying its community: abortion on demand. Not only does the organization ignore the biggest killer in the black community — it won’t tolerate others exposing it.
And after two years in court, Ryan Bomberger can prove it. The Radiance Foundation’s head, whose gripping testimony has transformed the way people think about abortion, has dedicated his life to telling the truth about the dark world of the abortion business.
And the truth is this: that the abortion industry targets black children — and too many leaders of the community are silent about it.
To help draw attention to that fact, Ryan took on the NAACP in a powerful piece called “NAACP: National Association for the Abortion of Colored People” about the organization’s complicity in that agenda.
Not surprisingly, the group wasn’t too pleased with the characterization and ultimately took the Foundation to court on the bogus grounds that Ryan had misused the organization’s trademark.
Bomberger was shocked.
“…[A]s a biracial adult… I could never have conceived that I would be sued (along with The Radiance Foundation) by the very organization I used to revere all because I exercised one of my most basic civil rights– free speech.”
The case was so far-fetched that even the ACLU was willing to split with its liberal pals and support Bomberger’s defense. “…[T]he right to parody prominent organizations like the NAACP is an essential element of the freedom of speech.”
If parodies were unconstitutional, there’d be no such thing as late-night television!
Much to the Left’s displeasure, free speech doesn’t have to be popular to be protected. In this case, it’s both. A federal judge disagreed — unleashing a wild opinion that banned Ryan from “even mentioning the parodied name or parodying the NAACP’s name in the future.”
With the help of Alliance Defending Freedom, Bomberger appealed to the Fourth Circuit Court of Appeals, which wasted no time rebuking the lower court’s logic.
In a huge victory for free speech (and the millions of children who could be saved by Bomberger’s), the three-judge panel blew apart the Left’s arguments, ruling 3-0 in Radiance’s favor.
“Trademark law,” the court wrote, “[is] not [a] proper vehicle for combatting speech with which one does not agree. Trademarks do not give their holders under the rubric of dilution the rights to stymie criticism.
“Criticism of large and powerful entities in particular is vital to the democratic function… The article in this case was harsh. But that did not forfeit its author’s First Amendment liberties.”
For Bomberger, the case isn’t just about upholding pro-life speech, but bringing attention to the real problem — which is that the NAACP is carrying on the legacy of an industry aggressively targeting its daughters.
“Our inner cities are crumbling,” Ryan pointed out, “two-parent married families barely exist, 72.3 percent of black children are born into homes without fathers, and the NAACP wants to silence us for pointing out its documented support of the killing of over 16 million black lives since Roe.”
The Left likes to use the hashtag #BlackLivesMatter. This is their chance to prove it.
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