The Center for Bioethical Reform has been well-known for their grisly photos of fetal remains and their insistence for holding “genocide” events on college campuses and public areas. But when the Department of Homeland Security called them a “right wing extremist group” apparently their feelings were hurt. They have been fighting the designation ever since in the courts, and just lost another appeal.
Via the Michigan Messenger:
The 6th Circuit Court of Appeals has now affirmed the lower court ruling, which noted that the plaintiffs had not stated any actual action taken against them that had diminished their rights in any way.
Plaintiffs fail to address affirmative conduct undertaken by the defendants. They fail to allege any time, place, or manner restrictions that Defendants have imposed on their speech. They fail to allege that Defendants taxed or punished their First Amendment activities. They fail to allege that Defendants imposed any prior restraint on their protected speech. They fail to allege any form of retaliation by Defendants for their exercise of protected speech on identified occasions.
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The appeals court agreed, saying that the complaint “contains numerous irrelevant allegations, and those that are relevant fail to plausibly allege that Defendants have violated Plaintiffs’ constitutional rights.”
Does being called an “extremist” group really violate your constitutional rights? And considering how much they love publicity, holding public, gruesome demonstrations hoping that people will complain and help them make the news cycle, shouldn’t losing another appeal be a good thing for the group?