Prop A Threatens Free Speech and First Amendment Rights in Amarillo
In this series, we're diving deep into the 18-page ordinance that’s currently threatening Amarillo’s culture, economy, and the well-being of its people. So far, we’ve covered how this will encourage neighbors to sue neighbors, encourages lawsuits without proof, prevents you from defending yourself in court, and imposes extreme fines on its victims. In Episode 5, we’re breaking down how this ordinance criminalizes free speech and association.
“This ordinance violates the first amendment.”
1. Criminalizing Free Speech and the Sharing of Information
One of the most troubling aspects of the ordinance is its attempt to limit free speech, especially around the topic of abortion. For instance, the ordinance makes it illegal to provide information over the phone, the internet, or any other medium about how to access or perform an abortion. This is a direct attack on the right to free speech. People have the constitutional right to discuss medical procedures, share information, and support each other in making informed decisions. The ordinance’s broad language could lead to people being sued for simply talking about abortions or sharing educational resources online, creating a chilling effect where people are too afraid to speak up or share their views.
2. Targeting Digital Platforms and Online Content
The ordinance also targets digital platforms, making it illegal to create, edit, upload, or maintain websites, apps, or any online content that provides information about abortion or helps people access such services. This directly infringes on the First Amendment rights of content creators, website hosts, and digital service providers. The internet is a space where people exchange ideas and information freely, and this ordinance threatens to censor that freedom by potentially penalizing online platforms for hosting abortion-related content. By restricting online expression, the ordinance sets a dangerous precedent that could be expanded to other topics and undermine the foundation of free speech in digital spaces.
3. Restricting Peaceful Assembly and Association
The ordinance also has provisions that could restrict the right to peaceful assembly and association, which are protected under the First Amendment. For example, it could penalize people for gathering to provide support services related to abortion or for participating in groups that advocate for abortion rights. This means that people could be sued for working with organizations that provide transportation, financial aid, or emotional support to individuals seeking an abortion. The right to associate freely and peacefully assemble is crucial in a democratic society, and this ordinance threatens to undermine that by creating fear of legal repercussions.
4. Encouraging Lawsuits Against Protected Speech and Actions
The ordinance includes a provision allowing private citizens to sue others for a minimum of $10,000 for each violation, creating a system where individuals can be targeted for engaging in protected speech or actions related to abortion. This opens the door to lawsuits against people who simply provide information, offer support, or help others access legal medical services. The First Amendment protects citizens from being punished for their speech or associations, but this ordinance encourages exactly that—lawsuits designed to silence and punish those who speak out or help others regarding abortion.
5. Ignoring Legal Protections and Precedents
While the ordinance claims to protect First Amendment rights, its language and intent show a clear disregard for these constitutional protections. The ordinance dismisses the validity of any defense based on the belief that its provisions are unconstitutional or that a court decision contradicts its terms. This means that even if a person argues that their First Amendment rights are being violated, that defense may not be considered valid under the ordinance. This undermines the rule of law and the judicial system's role in interpreting the Constitution and ensuring that local laws do not violate fundamental rights.
We believe Prop A is a direct attack on the First Amendment rights of the people. By criminalizing free speech, limiting online expression, restricting peaceful assembly, and encouraging lawsuits against constitutionally protected actions, it threatens to undermine the very freedoms that form the foundation of our democracy. This ordinance creates a culture of fear and silences voices in our community that want to provide support, share information, or advocate for reproductive rights. We must stand up for our constitutional rights and oppose this ordinance to protect free speech, the right to assemble, and the freedom to share information without fear of punishment.
Visit us back here next week as we tackle another aspect of this legislation. For more detailed information and find out how you can get involved in opposing this harmful ordinance. Together, we can educate our community from the divisive and damaging effects of this law.
