Court’s Restriction on Anti-Abortion Group During Boy Scout Event Held Unconstitutional

A state court’s temporary restraining order limiting the ability of an anti-abortion group to assemble on or near a Boy Scouts event in Jackson, Wyo., violates the First Amendment of the U.S. Constitution, the Wyoming Supreme Court held April 10 (Operation Save America v. Jackson, Wyo., Wyo., No. 2012 WY 51).

Justice Michael Golden’s opinion for the court stated that the TRO was a content-based prior restraint involving public-issue speech that applied in a traditional public forum. Each factor weighed heavily against the TRO’s constitutionality, and the trial court’s ruling failed a strict scrutiny analysis because there was ...