Jilted ex-boyfriend puts up abortion billboard

[Teh One Who Knocks]

The Associated Press


ALAMOGORDO, N.M. – A New Mexico man's decision to lash out with a billboard ad saying his ex-girlfriend had an abortion against his wishes has touched off a legal debate over free speech and privacy rights.

The sign on Alamogordo's main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"

Fultz's ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official has recommended the billboard be removed.

But Fultz's attorney argues the order violates his client's free speech rights.

"As distasteful and offensive as the sign may be to some, for over 200 years in this country the First Amendment protects distasteful and offensive speech," Todd Holmes said.

The woman's friends say she had a miscarriage, not an abortion, according to a report in the Albuquerque Journal.

Holmes disputes that, saying his case is based on the accuracy of his client's statement.

"My argument is: What Fultz said is the truth," Holmes said.

The woman's lawyer said she had not discussed the pregnancy with her client. But for Ellen Jessen, whether her client had a miscarriage or an abortion is not the point. The central issue is her client's privacy and the fact that the billboard has caused severe emotional distress, Jessen said.

"Her private life is not a matter of public interest," she told the Alamogordo Daily News.

Jessen says her client's ex-boyfriend has crossed the line.

"Nobody is stopping him from talking about father's rights. ... but a person can't invade someone's private life."

For his part, Holmes invoked the U.S. Supreme Court decision from earlier this year concerning the Westboro Baptist Church, which is known for its anti-gay protests at military funerals and other high-profile events. He believes the high court's decision to allow the protests, as hurtful as they are, is grounds for his client to put up the abortion billboard.

"Very unpopular offensive speech," he told the Alamogordo Daily News. "The Supreme Court, in an 8 to 1 decision, said that is protected speech."

Holmes says he is going to fight the order to remove the billboard through a District Court appeal.

[KevinD]

Hmm, just going by this article, he put up a pic of himself, didn't name the "mother" and it's a violation of HER privacy???!!!
Actually, my wife and I have had several discussions about the "father's" rights involving an abortion. As I understand it, he has none at all. Personally, though I'm basically against abortion, I believe it shouldn't be allowed without consent from the father as well.

[deebakes]

seems fair to me :-k ...

[Teh One Who Knocks]

Judge James Counts' decision calls for immediate removal of anti-abortion billboard along White Sands Boulevard
By Duane Barbati - Staff Writer, Alamogordo Daily News


Greg Fultz, who paid for the controversial anti-abortion billboard on White Sands Boulevard, leaves the Otero County Courthouse following a hearing in Domestic Violence Court on June 17.

Twelfth Judicial District Judge James W. Counts has signed the preliminary order of protection directing Greg A. Fultz to immediately remove his anti-abortion billboard from the corner of First Street and White Sands Boulevard.

In the order, it states that both Fultz and Nani Lawrence, Fultz's ex-girlfrield, must appear before Commissioner Darrell N. Brantley in Domestic Violence Court.

Holmes said he believes Counts intends for both parties to have a full hearing on the arguments of the case and make a more fully informed decision on it.

"I am going to file a motion for a stay of execution of the order," Holmes said. "It's a legal term for 'Let's put this order on hold' to remove the billboard until we get a ruling that it's not protected under the First Amendment. If the judge doesn't agree with our motion, then the billboard has to come down until all this is resolved. If the judge agrees with our motion, the billboard stays up until all this is resolved. This could take several months."

The Daily News attempted to contact Lawrence and her attorney, Ellen Jessen, for this story. Telephone calls to Jessen were not returned.

The billboard depicts Fultz, 35, holding what appears to be the outline of a baby in his arms as he is looking down at it. Next to the picture, in large print, is the statement, "This Would Have Been A Picture Of My 2-month Old Baby If The Mother Had Decided To Not KILL Our Child!"

It was unclear if the woman had an abortion or a
miscarriage.

The billboard has drawn national attention. It first appeared on White Sands Boulevard in mid-May.

Fultz, in an earlier Daily News interview, said he created the organization, National Association of Needed Information (N.A.N.I.), to dispense his pro-life message. N.A.N.I. was clearly displayed on the billboard near the Right to Life endorsement.

Both the endorsement and Fultz's organization have since been removed from the billboard.

Fultz said he is willing to appeal and fight the order to have the billboard removed.

"We are discussing our options," he said. "I, personally, do not voluntarily plan on taking the sign down at any point in time. I am prepared to go to jail for something I believe in. I think it's wrong that a judge would actually sign this order knowing there is no identifiable information on the billboard. It's certainly free speech. I think it's wrong that they would consider signing such an order."

He said he believes the case is frivolous and people are trying to label him as a domestic violence offender.

"It's just to try to get me to take the billboard down," Fultz said. "I have never committed any acts of domestic violence on any woman now or in the past. These resources could actually be better used for someone who actually needs protection or actually needs their help that the other side is claiming."