Jilted ex-boyfriend puts up abortion billboard that sparks free speech, privacy court

Praxius

Praxius

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Jilted ex-boyfriend puts up abortion billboard that sparks free speech, privacy court battle - Yahoo! News

ALAMOGORDO, N.M. - A U.S. man's decision to lash out with a billboard ad saying his ex-girlfriend had an abortion against his wishes has touched off a legal debate over free speech and privacy rights.

The sign on Alamogordo's main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"

Fultz's ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official has recommended the billboard be removed.

But Fultz's attorney argues the order violates his client's free speech rights.

"As distasteful and offensive as the sign may be to some, for over 200 years in this country the First Amendment protects distasteful and offensive speech," Todd Holmes said.

The woman's friends say she had a miscarriage, not an abortion, according to a report in the Albuquerque Journal.

Holmes disputes that, saying his case is based on the accuracy of his client's statement.

"My argument is: What Fultz said is the truth," Holmes said.

The woman's lawyer said she had not discussed the pregnancy with her client. But for Ellen Jessen, whether her client had a miscarriage or an abortion is not the point. The central issue is her client's privacy and the fact that the billboard has caused severe emotional distress, Jessen said.

"Her private life is not a matter of public interest," she told the Alamogordo Daily News.

Jessen says her client's ex-boyfriend has crossed the line.

"Nobody is stopping him from talking about father's rights. ... but a person can't invade someone's private life."

For his part, Holmes said that during a domestic court hearing last week he pointed to the U.S. Supreme Court decision earlier this year concerning the Westboro Baptist Church, which is known for demonstration signs and slogans that include anti-gay slurs.

"Very unpopular offensive speech," he told the Alamogordo Daily News. "The Supreme Court, in an 8 to 1 decision, said that is protected speech."

Holmes says he is going to fight the order to remove the billboard through a District Court appeal.
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Opinions?

To me, it's a pretty sick situation to be dragged into, especially if it was a miscarriage...... he could try and argue the "Free Speech" card, but the counter could also be "defamation of character" or "slander"

Oh well.... explains why she's no longer with him.... friggin nut job.
 
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petros

petros

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"Nobody is stopping him from talking about father's rights. ... but a person
can't invade someone's private life."
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Her privacy wasn't violated, her name wasn't mentioned or her picture used exposing her privacy. She came forward and exposed herself.

She needs an honest lawyer not one taking this on for money becacuse she will lose this case.
 
shadowshiv

shadowshiv

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petros said:
Her privacy wasn't violated, her name wasn't mentioned or her picture used exposing her privacy. She came forward and exposed herself.

She needs an honest lawyer not one taking this on for money becacuse she will lose this case.
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Anyone would be able to investigate the guy on the billboard and discover who the ex-girlfriend was. This is not free speech, and if it's determined to be, then that is wrong. This guy sounds like he is doing this because he is being vindictive not because of the loss of his child. And if it is shown to be a miscarriage? Then he should be sued and brought up on charges.
 
petros

petros

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shadowshiv said:
Anyone would be able to investigate the guy on the billboard and discover who the ex-girlfriend was. This is not free speech, and if it's determined to be, then that is wrong. This guy sounds like he is doing this because he is being vindictive not because of the loss of his child. And if it is shown to be a miscarriage? Then he should be sued and brought up on charges.
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Is there a database where I can find people by picture and cross reference to the ex-girlfriend database?

Is that from the census long form or some university that has too much money to spend on stupid ****?
 
Corduroy

Corduroy

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If the billboard was false then it should be simple case of libel without any questions of privacy or free speech. But I'd be interested to see the US Supreme Court take up the question of the real right of free speech against the imagined right to privacy. The US Supreme Court's arguments for a constitutional right to privacy are frightening exercises in sophistry, so it would be somewhat entertaining.
 
petros

petros

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She won't win and in the end she'll have to her hand med records over to the courts to prove she didn't have an abortion to prove she "didn't kill the baby" as he puts it.

If she did lie to him and have an abortion this opens the father's rights can of worms.
 
U

Unforgiven

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It's a mean and stupid thing to do and a good thing there isn't a baby to suffer under such a stupid and cruel father.
 
Corduroy

Corduroy

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Unforgiven said:
It's a mean and stupid thing to do and a good thing there isn't a baby to suffer under such a stupid and cruel father.
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That's interesting. My father's done worse. Not as public, but certainly worse. I guess I'm better off dead. Though I hope you don't mind if I just go on living.
 
petros

petros

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If she did bull**** him about getting an abotion, or did it out of spite then I'd say that is pretty freakin' cruel in it's own right.

Praxius said:
If they're un-born, then they're not a person.... but thanks for calling me a nut job...... nut job. :roll:
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A "person" is a legal term. The same way the "dead hand" is legally a person.

A human can only start and end as a human.
 
Corduroy

Corduroy

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Sometimes humans end as vegetables.

As a member of a group of people once not considered a person, I look at this person business cautiously. According to the Charter of Rights and Freedoms,

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
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The Supreme Court of Canada has refused to rule on the definition of "everyone". Back in the day, the state had no qualms declaring whole swathes of the Canadian people non-persons in order to deny them rights. But now, they aren't so confident. They shouldn't worry though. The notwithstanding clause applies to the right to life.
 
shadowshiv

shadowshiv

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petros said:
Is there a database where I can find people by picture and cross reference to the ex-girlfriend database?

Is that from the census long form or some university that has too much money to spend on stupid ****?
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With all of the tools at one's disposal, it would not be impossible to find out who she was. All it takes is an intrepid person(or someone in the media) to find out who the guy is(obviously it would be someone local) and from there find out who the woman was(eventually).
 
U

Unforgiven

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Corduroy said:
That's interesting. My father's done worse. Not as public, but certainly worse. I guess I'm better off dead. Though I hope you don't mind if I just go on living.
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No I feel I must insist. Climb into the dumpster please and no arguing. lol
 
Corduroy

Corduroy

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shadowshiv said:
With all of the tools at one's disposal, it would not be impossible to find out who she was. All it takes is an intrepid person(or someone in the media) to find out who the guy is(obviously it would be someone local) and from there find out who the woman was(eventually).
Click to expand...

 
petros

petros

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shadowshiv said:
With all of the tools at one's disposal, it would not be impossible to find out who she was. All it takes is an intrepid person(or someone in the media) to find out who the guy is(obviously it would be someone local) and from there find out who the woman was(eventually).
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Why? Why would anyone want to go through al that?
 
Y

YukonJack

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Unforgiven said:
It's a mean and stupid thing to do and a good thing there isn't a baby to suffer under such a stupid and cruel father.
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Abortions is mean and stupid thing to do, and it is REALLY BAD thing that there are no millions of babies who suffered death by cruel and stupid females who don't deserve to be called mother.
 
captain morgan

captain morgan

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shadowshiv said:
With all of the tools at one's disposal, it would not be impossible to find out who she was. All it takes is an intrepid person(or someone in the media) to find out who the guy is(obviously it would be someone local) and from there find out who the woman was(eventually).
Click to expand...

Based on this statement, there is no such thing as privacy to begin with.
 
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