Yet Another Defeat for SPLC

Federal Judge Dismisses Claim by Leftist SPLC lawyers Against Public Advocate Delgaudio: "The Court has upheld Public Advocate's First Amendment Right To Defend America's Families"

Contact: Public Advocate of the U.S. Inc., 703-845-1808, eugenedelgaudio@erols.com
 
DENVER, April 1, 2014 /Christian Newswire/ -- Today, in Denver, Colorado, senior federal district judge Wiley Y. Daniel dismissed with prejudice one of two claims brought against Public Advocate by two homosexuals represented by lawyers from the leftist Southern Poverty Law Center ("SPLC") .

SPLC lawyers had demanded a large money judgment for Public Advocate's use of a photograph of those two homosexuals in a mailing against pro-homosexual candidates for state office.

The judge ruled for Public Advocate, finding that it had no commercial purpose in using the photograph, as it was involved in an important exercise of its First Amendment rights with respect to a controversial issue in the context of an election. The candidates opposed by Public Advocate were defeated in that election.

The court ruled that "Public Advocate['s] actions are evidence that same-sex marriage can at the very least be considered as relating to political concerns of the community. Therefore, I find that the mailers reasonably relate to a matter of public concern."

The court stated that it understood that "Public Advocate['s] mailers ... were used to voice disapproval of Senator Jean White and candidate Jeffery Wares support for same-sex marriage. Thus, the matter of public concern is same-sex marriage...."

Eugene Delgaudio, President of Public Advocate, responded to the victory in court, by saying: "This dismissal with prejudice is a tremendous victory for Public Advocate's mission to speak freely on behalf of traditional marriage. We continue to believe we have the right to defend traditional marriage and will redouble our efforts to oppose homosexual marriage."

Delgaudio continued: "We want to thank our supporters who have stood with us in defending against this attack. However, it is important to understand the SPLC case continues, as the Court did not dismiss a copyright claim brought against Public Advocate." Public Advocate will continue to need financial help from those who support traditional marriage to pay our legal team to defend Public Advocate's Constitutional rights.

This release and Additional comments posted.

The federal district court chief judge's 18 page decision is posted here.