Andy Stephenson and Kathryn Sloane of Worthing, West Sussex, display CBR abortion photo.

On September 18, 2012, District Judge Stephen Nicholls (Brighton, UK Magistrate’s Court) issued a strong defense of CBR’s speech rights in the landmark criminal prosecution of CBR-UK director Andrew Stephenson and his assistant Kathryn Sloane.  Both activists were acquitted of charges related to three alleged violations of Section 5(b) of the Public Order Act (POA), for displaying graphic abortion images outside abortion clinics.  More here.

We had forced their arrest to set up a test case in which to establish the right to expose the horror of abortion.  The judge explained that he “had not been persuaded” that our signs were “threatening, abusive, or insulting,” as required for convictions under Section 5(b).  Abort67 is the abortion photo display project of CBR-UK and the case could have implications for expressive rights across Europe.  In the remarks below, our British attorneys and Andrew and Kathryn comment on the role played by CBR Executive Director Gregg Cunningham:

Solicitor Michael Phillips, lead defense counsel in the Stephenson/Sloane case:

Gregg’s assistance in the trial of Andy Stephenson and Kathryn Sloane was absolutely invaluable. This was only the second prosecution (that we are aware of) in the UK against people holding graphic images of abortion.  This was virgin territory for all those involved, including the court.  When in the midst of a case and focusing on the details of law and procedure, it is easy to lose sight of the woods through the trees.  This was the benefit of having Gregg; he was able to bring clear insight to the Public Order Act, which helped the defense to construct a clear and cogent defense theory.  This was used throughout the trial and helped to secure Andy’s acquittal (Kathryn was acquitted at the end of the crown’s case) before any other defense witnesses were called (including Gregg) and before closing speeches!  This was a highly unusual move that was in part due to our defense theory.

The acquittal received was on the best possible basis: That the images were not abusive or insulting (this being the first part of the public order offence test), the question of intention etc. therefore did not need to be considered.  Therefore Andy and Kathryn could walk out of the court with their heads held high without a spot on their records, free to continue their good work.

Barrister Paul Diamond, defence co-counsel in the Stephenson/Sloane case:

I want to personally thank Gregg for coming to the UK to be a witness in the trial of Andrew Stephenson and Katherine Sloane at Brighton Magistrates Court.  Additionally, I want to thank Gregg on behalf of Christian Concern.

I want Gregg to know that it was vitally important that he attended at court and I may have need of his services again.  His presence, wealth of knowledge, historical understanding enabled both Mike and me to fully comprehend the case.  I found the interaction between the First Amendment and our limited free speech laws fascinating and informative.  As I kept telling Gregg, he would be an asset to the British bar with both his knowledge of the subject and the eloquence by which he expressed himself (eloquence that I shamelessly appropriated in my submissions to the Court!)

I was re-assured by his presence; and I doubt the case would have been thrown out without his input.  I am sure we will work together again and many thanks.

Andrew Stephenson, CBR-UK director:

It is fair to say that without Gregg’s involvement in this defense, we most likely would not have heard the judge throw out the case yesterday in Brighton.  Gregg has been the architect of the work we do here in the UK and he has been closely involved in adapting it to current UK legislation, which gave us such a strong case.  He has ensured that the issue in the public mind and media is focused on what abortion does to an innocent and defenseless unborn child.

Gregg’s presence here for the court case has not only given Kathryn and me confidence that wouldn’t naturally occur given the circumstances, he has guided the process by which we have won this case against injustice.  Gregg has a unique way of looking at a problem and turning it on its head.  Our very excellent English lawyers have appreciated the direction that Gregg’s wealth of experience has brought.

His ability to put our current situation within the historical context of extinguished injustice has excited everyone and given focus for the future.

Kathryn Sloane, CBR-UK staff:

Since our struggles with the police started years ago, not only in Worthing but Brighton and London too, Gregg’s advice has been the key to developing a strategy to overcome the restriction to freedom of speech we experienced.

If anyone else had suggested we travel the criminal route in court to fight for our right to expose abortion, I would have been extremely cautious, but Gregg’s wealth of legal experience instilled confidence in our display team to question the police in their attempts to silence us (and rightly so it would appear).  This strategy has been most fruitful in exposing inadequacies in our police force as well as effectively exposing abortion to the nation through the media coverage that has so easily come our way following the arrests.

It has been clear during these days in court that Gregg’s advice, planning and tactics for the trial, shared with the legal team in every lunch break and recess, has shaped the arguments brought in each session.  Gregg’s insight concerning the objective first part of section 5(b) of the POA, and subjective second part of the test, changed the face of the case and wrote off the evidence brought by the prosecution entirely.  A stroke of genius!

We would have seen a very different result this week if Gregg hadn’t been here (and I didn’t quite fancy going back into hand cuffs), so thank him for his wisdom.  In fact, these displays may well have been halted long ago if Gregg had not created this long term strategy we are now seeing come to fruition.  It is already changing the way we save babies as we sat in our team meeting today listing all the new places we could display and all the new banners we could print now we have the freedom to do so.  This is because abort67 have been blessed by Gregg’s presence here with us during this trial.  Thank him for his dedication to this case and to our work.  He made it all possible.

John & Pam Rodger, CBR-UK staff:

After meeting with Gregg Cunningham the other day, Pam and I were encouraged more than ever to press on with this great work, and realised that it really is the images that do the work to expose the truth outside these abortion factories.  The recent victory in the court case in Brighton of Andy and Kathryn, with incredible help from Christian Concern and Gregg Cunningham, should also encourage us to push on, and to not be intimidated by the police.

Andy Stephenson and Kathryn Sloane display CBR abortion photo outside an abortion clinic.

The trail of CBR UK Director Andy Stephenson continues this week in Brighton.  Story here and here and here.  It’s also the top story on BBC (video below).  They are accused of violating the Public Order Act, which is being interpreted in this case to prohibit speech that causes other people to complain.

CBR Executive Director Gregg Cunningham is on hand to testify as an expert witness regarding the history of social reform in the UK.  Had the Public Order Act been been in effect in the 1700s, and had it been applied against anti-slavery advocates in the same way as it is being applied against anti-abortion advocates, William Wilberforce, Thomas Clarkson, and nearly the entire abolitionist movement would have been jailed.

The charges against CBR UK staff member Kathryn Sloane have been dropped.

httpv://www.youtube.com/watch?v=B7mzR750pg4

Blogging for The Telegraph, Cristina Odone wrote that CBR’s Gregg Cunningham got the better of BBC’s John Humphrys in their recent interview (reported here).

Professional pro-aborts learned not to debate us a long time ago — facts and logic make them look silly and they know it — but sometimes the amateurs think besting us will be easy.  This is the mistake that Humphrys made with Cunningham, and Odone pounced on it.  She wrote, in part:

Things, however, didn’t go according to plan.  Despite John Humphrys’s grilling – Humphrys brought up a comparison Cunningham had apparently made of abortion with the Holocaust – Cunningham struck a few blows himself. Yes, he was using horrific images to raise awareness of abortion – but abortion is horrific; and William Wilberforce, in his campaign to end slavery, also used disturbing images of slavery to bring home to the British public what British colonials were doing in the West Indies.

Commenters also chimed in.  Commenter Fallada wrote:

It was plain to me that, as Christina Odone suggests, Humphrys thought Cunningham would be easy prey – easily exposed as a nutcase – but Cunningham was quietly insistent, articulate, agile and sensible. In reaction, Humphrys, it seemed to me, grew increasingly irritated and slightly hysterical.  Cunningham proved one of the most effective interviewees in dealing with Humphrys that I have heard in a very long time while Humphrys sounded partisan.

Commenter JessicaHof wrote:

I, too, wondered at the idea of showing pictures, but Cunningham’s argument about Wilberforce showing pictures of the conditions in which slaves were kept seemed compelling. Slave-owners and their lobbyists, who argued that slaves were not fully human, found that one hard to support when people saw that they were.  I thought Humphrys ended up sounding shrill and somewhat indignant. How dare someone come on the programme and say something which so defied the liberal consensus, and how dare he do so in such a manner.  I have to say that Cunningham made me think again about my own attitude, which has tended to be somewhat liberal.

Entire column (including comments) here.

Gregg Cunningham

CBR Executive Director Gregg Cunningham was interviewed on a BBC Radio 4 news broadcast earlier today.  The interviewer was obviously an arrogant, hard-core leftist idealogue.  To hear the interview, click here.

Gregg and CBR UK Director Andy Stephenson had been scheduled to appear on a BBC Radio 5 Live broadcast 2 hours later to debate British Pregnancy Advisory Service (BPAS) abortion providers.  Regarding the second interview, Gregg wrote supporters

… they (BPAS) apparently cancelled after listening to our first interview and the BBC pulled the plug on our second appearance.  Cowards.  This is exactly why we must make our case in the public square.  The press and our opponents are determined to suppress our message.  The newspapers write about us only when they can quote the abortion industry telling scurrilous lies about us and the radio broadcasters interview us only until they discover that they can’t embarrass us on the air.

The “pro-life” church is massively uninvolved in activities that have any chance at all to end abortion.  When we approach church leaders about doing much of anything, they reel in horror, hands over both hears, as if trying to keep their heads from exploding.  They exclaim, “Why are you bothering us?  We’re already pro-life.  We checked that box years ago.  Leave us alone!”

In reality, they don’t do much because they fear controversy within the church.  They say just enough to satisfy the pro-lifers in the pews—“We are a pro-life church”—but little else.  They know if they actually organize pro-life activities or even show members a brief video of what abortion is and does, they will hear complaints from people who don’t want to be reminded.  Members might leave the church.  Donations might go down.  The building program might be jeopardized.

Controversy is bad for business if your business is to appeal to the widest possible audience.  Which brings us to our “Quote of the Week”, by Gregg Cunningham of the Center for Bio-Ethical Reform:

Alas, if only killing babies were as controversial as saving them.

Michele Bachmann and me

I’m in Washington, DC today a meeting of pro-life leaders from across the USA.  I’m here with CBR Executive Director Gregg Cunningham representing the Center for Bio-Ethical Reform (CBR).

First up was Congresswoman Michele Bachmann.  She’s just as feisty in person as she is on TV!

Later this  morning, Gregg and I will be talking about our latest initiative, the Corporate Accountability Project.  More about that later!