On October 7, 2010, Managing Partner Noah Paul Fardo assisted and has teamed with the American Center for Law and Justice (ACLJ) by filing a federal lawsuit challenging the constitutionality of a Pittsburgh City Ordinance (Sec. 601.02), which restricts the rights of plaintiffs and others to distribute literature within the City of Pittsburgh. The lawsuit asserts that the Pittsburgh ordinance is overbroad, vague and impinges on the rights of free speech and due process that the United States Constitution guarantees.
The instant case involves the right of pro-life advocates to educate the public on pro-life matters, especially as they relate to the elections on November 2, 2010. The plaintiffs seek to distribute literature to individuals and to place it on unoccupied cars – without fear of fine, penalty or censure.
Along with filing the complaint, Fardo and the ACLJ have filed a legal brief requesting immediate injunctive relief from the court so that plaintiffs can distribute their pro-life literature in advance of the November elections without fear of being punished under the ordinance. The brief asserts the following: “The Supreme Court stated many years ago, “[i]t has long been recognized that the First Amendment needs breathing space and that statutes attempting to restrict or burden the exercise of First Amendment rights must be narrowly drawn and represent a considered legislative judgment that a particular mode of expression has to give way to other compelling needs of society.”
Fardo insists the case is about freedom of speech. “The case is about the 1st Amendment. For years I have watched the courts step on the constitution and I am proud to work with the American Center for Law and Justice to help defend our constitution.”