In a ruling on Thursday, the Wisconsin Supreme Court declared that an order prohibiting anti-abortion protester Brian Aish from approaching a Planned Parenthood nurse infringed upon his First Amendment rights and must be overturned. The court, with a 4-3 liberal majority, issued a decision to dismiss the injunction.
The case dates back to 2020 when a Trempealeau County judge barred Aish from being near nurse Nancy Kindschy, who occasionally worked at a small family planning clinic in Blair, Wisconsin. Kindschy alleged that Aish had threatened her, implying that bad things would happen to her or her family if she did not quit her job, according to AP.
Aish contended that his remarks, made from a public sidewalk, were protected under the First Amendment. The Wisconsin Supreme Court concurred with Aish’s argument.
From 2014 to 2019, Aish regularly protested outside the clinic, displaying signs with Bible verses and advocating his Christian and anti-abortion views. However, in 2019, Aish began directing his comments specifically at Kindschy, with messages she found threatening.
In response, the county judge imposed a four-year injunction against Aish. Although a state appeals court upheld this injunction in 2022, the Wisconsin Supreme Court ultimately ordered its dismissal.
The high court ruled that prosecutors must demonstrate that the defendant had a subjective understanding of the threatening nature of their statements and consciously disregarded the risk that their communications would be perceived as violent threats.
Referencing this precedent, the Wisconsin Supreme Court found that the lower court failed to establish that Aish consciously disregarded such risks. Justice Rebecca Bradley, in a concurring opinion, emphasized that Aish’s statements could not be considered true threats of violence as he disclaimed any desire for harm to come to Kindschy.
Joan Mannix, Aish’s attorney, stated that the ruling “reaffirms that the First Amendment protects speech, even unpopular or disfavored speech — a fact that is often lost in these partisan times.” Kindschy has since retired, and the clinic where she worked is now closed.
