Vitagliano v. County of Westchester
Description: A devout Catholic occupational therapist challenging a New York county law that suppresses her First Amendment right to engage peacefully in sidewalk counseling with women considering an abortion.
ADF to US Supreme Court: Revoke govt's free pass to silence public speech
The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch, regarding a friend-of-the-court brief ADF attorneys filed Thursday with the U.S. Supreme Court urging it to hear Vitagliano v. County of Westchester, which centers on a devout Catholic occupational therapist challenging a New York county law that suppresses her First Amendment right to engage peacefully in sidewalk counseling with women considering an abortion:
“Government officials shouldn’t have a free pass to silence speech in public places. The U.S. Supreme Court’s decision in Hill v. Colorado in 2000 opened Pandora’s box by providing them that pass. While Hill dealt with speech around public sidewalks, lower courts have expanded the ruling to apply to just about any ‘unwilling listener’ in a public setting. As we explain in our brief, that means one city can ban a pro-life demonstration just as easily as another city can shut down a pro-abortion rally. We urge the court to take Vitagliano’s case, overturn Hill, and help protect every American’s foundational freedom of speech.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.