Black pro-lifers fight NAACP's free speech attack

The Radiance Foundation, a pro-life group, is appealing an attempt by the National Association for the Advancement of Colored People (NAACP) to silence criticism of its support for abortion.

The NAACP filed a trademark suit against Radiance after its co-founder, Ryan Bomberger, published a January 2013 article on LifeNews that parodied the NAACP’s name as the “National Association for the Abortion of Colored People.” Bomberger, who is black, used the parody to highlight the NAACP’s continued support for pro-abortion groups. U.S. District Judge Raymond Jackson ruled the parody created confusion about the NAACP.

“Abortion doesn’t advance people of color,” Bomberger said. “The NAACP is on the wrong side of this human rights issue, and they are wrong to try to silence our free speech too.”

While people complained to the NAACP about its position following the article’s publication, no one expressed confusion, according to a brief filed with the 4th U.S. Circuit Court of Appeals. Many organizations, including the NAACP, use social commentary to make a point, said Casey Mattox, senior counsel with Alliance Defending Freedom (ADF). “The NAACP should respect that same right for Radiance,” he said.

First Amendment rights should always trump trademark law, added Charles M. Allen, an ADF-affiliated attorney representing Bomberger. “The Radiance Foundation merely expressed its opinion of the NAACP’s activities in an article,” he said. “The NAACP cannot use trademark law to shield itself from criticism by denying others the right to use its name when they are expressing their opinions.”

Life Legal Defense Foundation also filed a friend of the court brief on behalf of the National Black Pro-Life Coalition, supporting Radiance. According to the brief, Jackson incorrectly understood the NAACP’s position on abortion, which led him to falsely evaluate Radiance’s speech and trademark infringement while ignoring the group’s First Amendment rights.

In January 2013, the NAACP wrote a letter to Bomberger and LifeNews accusing them of copyright infringement and demanding they remove the offending words in seven days. With assistance from ADF, Bomberger filed for declaratory judgment in federal court. The NAACP filed a trademark infringement counter suit.

In April, Jackson ruled in favor of the NAACP. The 15-day injunction required Bomberger to remove the online article and destroy anything that references the NAACP or its logo. The judge also banned him from using the phrase “National Association for the Abortion of Colored People” because it causes confusion about the real organization.

“The ruling is a frightening attack on the First Amendment,” Bomberger said in May. “In essence, the ruling prevents us from criticizing, from commenting upon, or even satirizing an organization’s documented actions in a news commentary.”