{"id":2187,"date":"2012-01-31T13:38:33","date_gmt":"2012-01-31T18:38:33","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2187"},"modified":"2012-01-31T11:58:18","modified_gmt":"2012-01-31T16:58:18","slug":"jay-sekulow-back-to-court-defending-life-in-nyc","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/01\/jay-sekulow-back-to-court-defending-life-in-nyc.html","title":{"rendered":"Jay Sekulow: Back to Court Defending Life in NYC"},"content":{"rendered":"

\"\"<\/a>It is a case that is incredibly important. Standing up for crisis pregnancy centers and the pro-life work they do in New York City.<\/p>\n

You may recall that last summer<\/a>, we achieved a significant victory in federal district court when a federal judge declared that a new law put in place violates the free speech of the crisis pregnancy centers saying the law’s “over-expansiveness is evident from its very language.” The court issued a preliminary injunction<\/a>, putting the law on hold.<\/p>\n

Now, we’re back in court<\/a> – this time a federal appeals court – responding to a brief filed by New York City that’s asking the U.S. Court of Appeals for the Second Circuit to overturn the federal district court decision.<\/p>\n

The brief<\/a> we have filed with the Second Circuit is clear: the lower court was correct in its analysis and decision. We are urging the appeals court to uphold that decision.<\/p>\n

The fact is that the lower court correctly concluded that this faulty law targets and punishes pro-life advocates. We have argued from the beginning when we filed our federal lawsuit challenging this new law that crisis pregnancy centers enjoy constitutional protections and must never be compelled to adopt and express views about abortion and contraception that they strongly disagree with, as required by this law.<\/p>\n

The City ordinance requires crisis pregnancy centers to post signs in the lobbies of their counseling centers, add extensive additional written language to their advertising materials, and to provide oral statements during both “in person” and telephonic conversations regarding the services offered by crisis pregnancy centers. The requirements apply only to crisis pregnancy centers and not to abortion businesses like Planned Parenthood.<\/p>\n

Our brief at the Second Circuit argues the law violates the First Amendment right to the freedom of speech and violates the Fourteenth Amendment because it is impermissibly vague.<\/p>\n

\"\"<\/a>The brief\u00a0contends the law is flawed in many areas<\/a>: “The law is subject to strict scrutiny because it significantly burdens and alters Plaintiffs\u2019 expression and does not regulate commercial speech or the speech of a regulated profession. LL17 fails strict scrutiny because it is not based upon a compelling record of harm, is not narrowly drawn to the City\u2019s stated interests, and is not the least restrictive means of achieving a compelling governmental interest. In addition, LL17 is impermissibly vague because key terms are not sufficiently defined, and the Commissioner has unbridled discretion to subject a facility to LL17\u2019s requirements.”<\/p>\n

Our lawsuit, posted here<\/a>, contends that the ordinance violates the constitutionally protected rights to freedom of speech, freedom of assembly and association, freedom of the press, and due process of law, guaranteed to Plaintiffs by the First and Fourteenth Amendments to the U.S. Constitution, as well as the New York Constitution.<\/p>\n

We represent The Evergreen Association (Expectant Mother Care Pregnancy Centers-EMC Frontline Pregnancy Centers) and Life Center of New York (AAA Pregnancy Problems Center) which operate a total of 13 crisis pregnancy centers across New York City.<\/p>\n

There have been encouraging decisions by other courts in this area. Similar ordinances were recently struck down as unconstitutional by federal judges in Baltimore and Montgomery County, Maryland.<\/p>\n

We’ll keep you posted on what the appeals court concludes in this case. I can assure you that we remain committed to safeguard the constitutional rights of pro-life advocates.<\/p>\n

Jay Sekulow<\/a><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

It is a case that is incredibly important. Standing up for crisis pregnancy centers and the pro-life work they do in New York City. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2187","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=2187"}],"version-history":[{"count":7,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2187\/revisions"}],"predecessor-version":[{"id":2194,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2187\/revisions\/2194"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}