In a shady area house basement meeting in the city of southern Illinois last July, city officials swiftly and silently overturned their contentious “no-speech area” ordinance, a city ordinance meant to silence pro-life advocates. While the reform was a small success for Coalition Life’s road counselors in Carbondale, Illinois, this remarkable city council meeting revealed a larger plan to keep the puritanical program of the abortion lobby on life support and delay democratic scrutiny at the highest level.
It appears to have paid off so far. Coalition Life v. Carbondale, which had asked the great court to carry Carbondale guilty and restore pro-life road lawyers ‘ First Amendment right by overruling itself in Hill v. Colorado, on February 24, the US Supreme Court declined to notice our appeal.
On behalf of Coalition Life, Thomas More Society attorneys in Carbondale went to federal court in May 2023, knowing that the Supreme Court would eventually have to hear their case. That’s because lower courts are bound by Hill, a Supreme Court decision from 2000 that permitted some types of no-speech zones, like Carbondale’s. The court upheld a Colorado law in Hill that made it illegal for anyone who is 100 feet from an abortion business entrance to “knowingly approach” another person who is 8 feet without getting their permission to do sidewalk counseling.  ,
The high court has consistently undermined the precedent’s fragile foundations, agregously wrong since the decision was made.
The Supreme Court in Dobbs sounded the death knell for Hill by pointing finger at it for “distorted First Amendment doctrines,” but it hasn’t yet put the final nail in the coffin. Justice Clarence Thomas did not mince words when dissipating from Monday’s denial.
Our refusal to provide clarity constitutes an abdication of our judicial duty, Thomas wrote.” Hill has been seriously undermined, if not completely eroded.
Indeed, the court’s “abdication” of its duty opens the door to additional restrictions on pro-life speech nationwide.
Putting Speech Down Where It’s Most Requited
The abortion industry descended upon Carbondale in response to the Supreme Court of the United States ‘ decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. The abortion industry saw the potential for the Midwest’s abortion tourism capital in this rural college town, just over the border of pro-life states, at the southern tip of the state of Lincoln. Prior to the overthrow of Roe, Carbondale had no abortion-related businesses. In a city with fewer than 22, 000 Einwohnern, Post-Roe‘s population quickly increased to three.  ,
The city council reacted by passing a no-speech law to impede Coalition Life’s valiant efforts when it expanded its life-affirming efforts into Carbondale, the largest professional sidewalk counseling organization in the country. The city law was ostensibly neutral, and it was clearly intended to stifle pro-life speech. Pro-life sidewalk counselors were prohibited from approaching abortion-bound women within 8 feet of the abortion-related businesses, which made it impossible or ineffective for them to offer information about alternatives, hand out leaflets, or offer compassionate counsel.
Vice President J. D. Vance addressed the Munich Security Conference, drawing attention to the radical no-speech zones that have been in place throughout Europe to censor the pro-life message. A 74-year-old woman was detained in Scotland for silently holding a pro-life sign close to an abortion shop days after the vice president’s speech. These risky international trends, which local governments in the United States are using to limit pro-life speech, are being echoed by local governments everywhere.  ,
Legal Whack-a-Mole
Pro-life sidewalk counselors who stand as the last line of defense for the unborn find themselves in an increasingly hostile legal environment in the wake of Dobbs. The abortion lobby has increased its efforts to stifle pro-life speech now that it is no longer protected by the federal government, with cities like Carbondale serving as examples of this campaign. Major cities like Detroit and San Diego made the same move last year by implementing no-speech zones to target pro-life speech. A no-speech zone law that would be implemented statewide is currently being considered by Virginia state legislators.
This brings us to the hurried repeal of Carbondale. In an unusual, four-minute-long weekend meeting, Carbondale decided to ditch its no-speech zone just three days before the Supreme Court’s filing deadline. The leaders of Carbondale intended to take one for the team by repealing the city law, keeping Hill v. Colorado on the books and halting the pending Supreme Court challenge.  ,
In the event of a looming Supreme Court challenge, this is not the first time a similar tactic has been employed to avoid accountability. In a lawsuit challenging a no-speech zone that was nearly identical to Carbondale’s, Vitagliano v. County of Westchester requested in 2023 that the Supreme Court overturn Hill. However, Westchester County, New York, revoked its no-speech zone shortly after the Supreme Court challenge was brought in. The court ultimately declined to hear Vitagliano despite Westchester’s legal gamesmanship being rewarded.
Once is a pattern, while twice is a happenstance. After reading Westchester’s playbook, Carbondale realized that its no-speech law, if it were to be re-examined by the Supreme Court, might not be able to withstand constitutional scrutiny. If this pattern persists, local governments will start a vicious cycle of” Whack-a-Mole” legal disputes as soon as they can reach the Supreme Court, shielding one of the abortion industry’s favorite legal tools from unfavorable scrutiny. This tactic is inexcusable.  ,
Restoring the free speech rights of pro-life sidewalk counselors is of paramount importance in the post-Roe era, and Hill v. Colorado must be overturned in order to do so. The ability to speak freely in public spaces is a crucial component of the pro-life movement’s goal of giving women a real choice. The fight for life also includes a legal fight for the right to freely speak, offer alternatives, and support a cause that is rooted in compassion and truth.
The Supreme Court will have no choice but to finally close the case in Hill v. Colorado and put an end to this pattern of legal gamesmanship in a future term. The outcome affects countless women and children’s lives, as well as the future of our First Amendment rights.  ,
Thomas Olp is the executive vice president of Thomas More Society, a national nonprofit law firm dedicated to defending life, family, and freedom. He holds a J.D. from The Catholic University of America, Columbus School of Law, and an L. L. M. from Georgetown University Law Center.
