ex-boyfriend puts up abortion billboard

Jeffg010

Diamond Member
Feb 22, 2008
3,435
1
0
http://beta.news.yahoo.com/jilted-ex-boyfriend-puts-abortion-billboard-194142831.html

"ALAMOGORDO, N.M. (AP) — 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."

As far as I can tell The billboard does not state her name so how can she even take him to court?

This thread has worn out its welcome in Off Topic. Punting it to P&N
-ViRGE
 
Last edited by a moderator:

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
The guy is a dick.

Legally though, I think he ought to be in the right. If the tables were turned and a woman told a guy she'd get an abortion if she gets pregnant and then changes her mind (or if she lies about being on birth control) the man has absolutely zero recourse. Life isn't fair, and free speech can be distasteful.
 

yh125d

Diamond Member
Dec 23, 2006
6,886
0
76
Dick move, but nothing illegal about it. Doesn't mention her name nor his even
 

bignateyk

Lifer
Apr 22, 2002
11,288
7
0
what an asshole..

Why? A father can't force a mother to have an abortion, so why should a mother be able to have an abortion against the fathers wishes?

(Note: I am perfectly fine with a mother refusing to have an abortion, but it should absolve the father of all financial responsibility toward the child if she chooses to continue carrying it against his wishes)
 
Nov 29, 2006
15,695
4,204
136
I like the move if it gets people talking about fathers rights on this type of issue. Men should have some legal rights regarding pregnacies and abortions.

Maybe the father would like to take full custody of the child if the mother doesnt want it. He should be able to.
 

Saint Nick

Lifer
Jan 21, 2005
17,722
6
81
Why? A father can't force a mother to have an abortion, so why should a mother be able to have an abortion against the fathers wishes?
Agreed. I think the woman deserved the embarrassment. He had just as much of a right to have that child.
 

SamQuint

Golden Member
Dec 6, 2010
1,155
45
91
It is an interesting free speech case. I think alot depends on how big the town is and weather or not her actual name was used.

In LA nobody would really care. In a small town where everyone knows everyone else then it would be pretty tramatic.

But yes it is an imature and douche move. It serves no other purpose than to harrass the ex-girlfriend.
 

Linflas

Lifer
Jan 30, 2001
15,395
78
91
Was her name on the sign? From what it says in the OP it appears not to be so free speech issues aside how would anyone other than people that knew them as a couple know who it was referring to?
 

Vette73

Lifer
Jul 5, 2000
21,503
8
0
Asshole, yep; but I don't see the legal issue here.

Legal issue is if he lied. If she had an abortion then it might hold up, depending on local law. But if it was a miscarriage then it would b libel and it could cost him.
 

Born2bwire

Diamond Member
Oct 28, 2005
9,840
6
71
Was her name on the sign? From what it says in the OP it appears not to be so free speech issues aside how would anyone other than people that knew them as a couple know who it was referring to?

It has the picture of the boyfriend on it and let's be honest, most people that know her would know that the billboard was talking about her from his picture.
 

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
Was her name on the sign? From what it says in the OP it appears not to be so free speech issues aside how would anyone other than people that knew them as a couple know who it was referring to?

It looks like the billboard did not have the mother's name or picture on it.

BTW, if I'd gotten knocked up by a guy who looked like that dude I'd get an abortion too!
 

yh125d

Diamond Member
Dec 23, 2006
6,886
0
76
It is an interesting free speech case. I think alot depends on how big the town is and weather or not her actual name was used.

In LA nobody would really care. In a small town where everyone knows everyone else then it would be pretty tramatic.

But yes it is an imature and douche move. It serves no other purpose than to harrass the ex-girlfriend.

I don't know, if it does get people thinking and talking about fathers rights like soulcougher said, some good could come of it.



Though in this situation I don't think the father should have the right to force the mother to carry the pregnancy to term, even if they agreed to absolve her of any responsibility, financial or otherwise after birth. I don't think the right of a father to have his child carried to term supercedes the right of the mother to protect her own body from the dangers of unwanted pregnancy and childbirth.
 

arkcom

Golden Member
Mar 25, 2003
1,816
0
76
Legal issue is if he lied. If she had an abortion then it might hold up, depending on local law. But if it was a miscarriage then it would b libel and it could cost him.

It's not libel. It doesn't mention her name or show her image on the sign.
 

Wyndru

Diamond Member
Apr 9, 2009
7,318
4
76
Was her name on the sign? From what it says in the OP it appears not to be so free speech issues aside how would anyone other than people that knew them as a couple know who it was referring to?

Yeah, if her name isn't on the billboard, then I don't really see how this can become a legal issue, and she is really just bringing more attention to it than if she had just left it alone.
 

Vette73

Lifer
Jul 5, 2000
21,503
8
0
It's not libel. It doesn't mention her name or show her image on the sign.


Unless he had more than 1 girlfriend it is impled who he is talking about and his picture would tie to her.

So yes he did legally name her.
 

bignateyk

Lifer
Apr 22, 2002
11,288
7
0
Unless he had more than 1 girlfriend it is impled who he is talking about and his picture would tie to her.

So yes he did legally name her.

Being someones girlfriend isn't a legal status like being married. There is no legal proof of being girlfriend/boyfriend.
 

Wyndru

Diamond Member
Apr 9, 2009
7,318
4
76
Unless he had more than 1 girlfriend it is impled who he is talking about and his picture would tie to her.

So yes he did legally name her.

That's really flimsy though, the billboard doesn't even need to be factual, or based on a real person. Someone who is currently married and a strong pro-life supporter could put the same picture up just to support the pro-life movement, whether there actually was an abortion or not.

IANAL, but it seems like there are a lot of ways out of it legally. The guy is still a dick for doing it though.
 

MikeyLSU

Platinum Member
Dec 21, 2005
2,747
0
71
not only is there no legal proof. Not everyone knows who is who's girlfriend, so no, he did not name her.

Naming her would let everyone know exactly who it is.
 
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