Pro-life activist emerges victorious in free speech battle in Texas

A Texas pro-lifer has prevailed in court battles against three abortion organizations alleging defamation.

Mark Lee Dickson, founder of the Sanctuary Cities for the Unborn initiative and director with Right to Life of East Texas, had been sued by the Lilith Fund, Afiya Center, and Texas Equal Access Fund. The groups claimed he defamed them by calling abortion “murder” and describing them as “criminal organizations.” In its ruling, the Texas Supreme Court said his statements fell under the protection of free speech.

“Two courts of appeals considered whether the speaker’s statements could be defamatory and reached opposite conclusions,” Justice Jane Bland wrote. “One court of appeals placed the statements in the context of the ongoing moral, political, and legal debate about abortion. It concluded that the statements are political opinions that voice disagreement with the legal protections afforded to abortion providers. That court of appeals ordered the suit dismissed.”

She added, “The other court of appeals examined whether a court could legally verify the speaker’s statements — in other words, it asked whether abortion met the legal definition of murder under the Texas Penal Code at the time. Concluding that the speaker’s statements were inconsistent with the Penal Code, that court of appeals permitted the defamation suit to continue.”

The Texas Supreme Court then granted a review to resolve the issue, and ruled in Dickson’s favor.

“An examination of the statements and their context shows no abuse of the constitutional right to freely speak,” she continued. “The speaker did not urge or threaten violence, nor did he misrepresent the underlying conduct in expressing his opinions about it. Either potentially could have removed his constitutional protections.”

Dickson is now celebrating the ruling as a win for the pro-life movement.

“I am thankful that the Lilith Fund and their abortion-aiding allies were not successful in silencing myself and Right To Life of East Texas from calling abortion what it truly is – the murder of innocent unborn children made in the image of God,” Dickson told Live Action News. “No one should fear being sued for calling abortion murder. Abortion is murder, the abortion industry has been involved in the murder of unborn children, and many abortion assistance groups have violated laws against aiding and abetting abortions.”

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