Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists

Anti-abortion activists intimidated abortion providers by publishing their names and addresses. A jury awarded more than $100 million in actual and punitive damages against the activists, and the district court enjoined their speech. We consider whether such speech is protected by the First Amendment.

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During a Í995 meeting called to mark the anniversary of Roe v. Wade, 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973), the American Coalition of Life Activists (ACLA) unveiled a poster listing the names and addresses of the “Deadly Dozen,” a group of doctors who perform abortions. In large print, the poster declared them guilty of “crimes against humanity” and offered $5,000 for information leading to the “arrest, conviction and revocation of license to practice medicine.” The poster was later published in an affiliated magazine, Life Advocate, and distributed at ACLA events.

Later that year, in front of the St. Louis federal courthouse, ACLA presented a second poster, this time targeting Dr. Robert Crist. The poster accused Crist of crimes against humanity and various acts of medical malpractice, including a botched abortion that caused the death of a woman. Like the Deadly…