Department of Justice

Tips for reporters covering feds arresting abortion-facility protestors, from Christianity Today

Tips for reporters covering feds arresting abortion-facility protestors, from Christianity Today

Long ago, back in 1980s Denver days, I was out of town covering a national religion-news event when something interesting happened during an Operation Rescue protest at abortion facility.

The protest was going as planned, with peaceful protestors willing to be arrested for blocking the entrance (think civil disobedience) when someone rushed forward and started verbally and physically harassing a client and her escort. This became the big story of the day.

When I heard about what had happened I asked the city desk if anyone had checked to see if the attacker was actually part of the planned protest. There was a possibility, of course, that this was a rogue protestor or even a plant from pro-abortion-rights groups whose goal was to get Operation Rescue shut down.

The key question: Had this person signed the Operation Rescue card to take part in the protest, in which participants promise to do nothing more than pray and sing hymns during the blockade, then allow themselves to be arrested? I had included that tactical detail in my earlier coverage of the protests.

Well, no one asked. To cut to the chase: No one really wanted to ask.

The template for the story had already been created. Factual details about Operation Rescue techniques were irrelevant. Once I was home, I checked. No one knew the identity of this rogue protestor and he had not signed the pledge card. He wasn’t part of the organized protest.

I thought this was a story. My editors just shook their heads.

I bring this up because of an interesting story I read at Christianity Today: “DOJ Steps Up Prosecution of Pro-Life Protestors at Clinics.” GetReligion rarely looks at coverage in religious-market publications, but I thought that this piece included some information that might help MAINSTREAM reporters cover this important trend story. Here is the overture:

In the past month, the Department of Justice (DOJ) has indicted more than a dozenpro-life protestors across the country for obstructing access to abortion clinics.

Such prosecutions have been rare historically, with just a case or two annually for the past decade. But after the US Supreme Court reversed Roe v. Wade this summer, the DOJ announced a task force to pursue more enforcement against anyone obstructing access to abortion clinics. Many of those protestors facing charges are Christian.


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Journalism question for these times: When are death threats 'real' death threats?

Journalism question for these times: When are death threats 'real' death threats?

Here is a journalism question for you: When is a death threat an actual “death threat”?

Let me state that another way: When do words that clearly communicate a death threat represent a “real” or legitimate death threat in the eyes of journalists, local police and (wait for it) the Department of Justice?

We can add another question I received via email from a religion-beat veteran: In what sense is a death threat “pro-choice”?

Yes, once again we are looking at a story that is linked to abortion, a topic that mixes politics, religion, law and science. In this case the event that made news (barely) was the vandalism of yet another Catholic church in a blue zip code. Here is the entire report from a local CBS newsroom and note the headline, which inspired that email question: “Catholic Church in Lansing vandalized with pro-choice graffiti.”

(CBS DETROIT) - The Diocese of Lansing released video footage of three people vandalizing the Church of the Resurrection with spray-painted pro-choice graffiti.

The incident happened on Saturday, Oct. 8, between 11:52 p.m. and 11:56 p.m. Video footage shows the three suspects walking up to the church from the area of Jerome and Custer, spay-painting the church, and then leaving the area.

The suspects spray-painted on the doors, signage, and sidewalk of the church, and the messages included: "Restore Roe" and "Is overturning Roe worth your life or democracy?"

Police are reviewing the security footage and searching for the suspects. According to the Diocese of Lansing, the graffiti has been power-washed.

If anyone has any information about this crime, they are urged to contact the Lansing Police Department at 517-483-4600.

The key language: “Is overturning Roe worth your life or democracy?" What are the logical implications of the words “worth your life”?

I realize that some anti-abortion demonstrators use chants claiming (thinking “mortal sin” consequences) that those taking part in abortions are risking their souls. Is that the same thing as saying that the U.S. Supreme Court voting to overturn Roe v. Wade is, addressing Catholic worshippers, “worth your life”?


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This time, will U.S. Supreme Court finally clarify rights of same-sex marriage dissenters?

This time, will U.S. Supreme Court finally clarify rights of same-sex marriage dissenters?

The U.S. Supreme Court’s 2021-2022 term produced biggies on abortion, religious freedom and the separation of church and state. The term that opens October 3 will bring another blockbuster — if the high court finally settles the unending clashes over LGBTQ+ rights versus religious rights.

Newsroom professionals will want to watch for the date set for the oral arguments in 303 Creative v. Elenis (Docket #21-476).

In this six-year dispute, graphic designer Lorie Smith is suing Colorado officials over the state’s anti-discrimination law, seeking to win the right to refuse requests to design websites that celebrate same-sex marriages, which she opposes, based on the teachings of her faith. She does not reject other work requests from LGBQ+ customers.

As currently framed, the case involves Smith’s freedom of speech rather than the First Amendment Constitutional right to “free exercise” of religion. The U.S. Supreme Court sidestepped the religious rights problem in 2018 (click here for tmatt commentary) when it overturned Colorado’s prosecution of wedding cake baker Jack Phillips (who is still enmeshed in a similar case per this from the firm that also represents Smith). Nor did the high court rule on religious freedom aspects when it legalized same-sex marriage in the 2015 Obergefell decision.

Last month, the Biden Administration entered 303 Creative (.pdf here) on the side of Colorado and LGBTQ+ interest groups. Essentially, the Department of Justice argues that as enforced in Colorado or elsewhere, “traditional public accommodations laws ... burden no more speech than necessary to further substantial government interests — indeed, compelling interests of the highest order.”

Smith has support from 16 Republican-led state governments and 58 members of Congress, while 21 Democratic states and 137 Congress members take the opposite stance alongside e.g. the American Bar Association.

The issue will face the U.S. Senate after the November elections as Democrats try to “codify” Obergefell into federal law but for passage may need to accept a Republican religious-freedom amendment. The Equality Act, which won unanimous support from House Democrats but is stalled in the Senate, would explicitly ban reliance on federal religious-freedom law in discrimination cases, include crucial laws passed by a broad left-right coalition during the Bill Clinton administration.


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Here's your up-to-date roadmap of the so-called American 'culture wars'

Here's your up-to-date roadmap of the so-called American 'culture wars'

On August 20, what was billed as an “unprecedented” alliance of 130 national organizations wrote President Barack Obama asking an end to federal grants for  religious social-service agencies that hire only employees who share their beliefs. The petition denounced the Bush administration Department of Justice’s “erroneous and dangerous” 2007 argument allowing such discrimination.  Ninety such groups sent a similar protest to then-Attorney General Eric Holder last year.

This is an important church-state issue that has entangled the Salvation Army, among others, in local situations, and a change in federal policy would certainly be news. Such petitions are a routine  feature of interest group maneuvers in Washington, but this particular one gives reporters an up-to-date roadmap of America’s “culture wars.” Like so:

The petition signers’ unnamed opponent is Evangelical Protestantism. The DOJ’s 2007 legal blessing responded to complaints about a $1.5 million federal grant to World Vision for mentoring, tutoring, and job training with “at-risk” youths. Like many evangelical organizations, World Vision famously hires staff members who agree with its religious beliefs and values, including traditional heterosexual marriage. 

The endorsers have been regular antagonists of Evangelicalism and also of Catholicism on a variety of issues.


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