Wisconsin Supreme Court overturns order against anti-abortion protester for violating First Amendment rights

In a recent ruling, the Wisconsin Supreme Court overturned an order that prohibited an anti-abortion protester, Brian Aish, from approaching a Planned Parenthood nurse, Nancy Kindschy, citing a violation of his First Amendment free speech rights. The initial injunction was issued by a Trempealeu County judge in 2020 after Kindschy claimed Aish made threatening remarks towards her, prompting her to fear for her safety and that of her family. Aish, who had been protesting outside the clinic since 2014, argued that his comments, though directed at Kindschy, were protected under the First Amendment as free speech. The court's decision to overturn the injunction came after Aish's appeal, which was initially upheld by a state appeals court in 2022. The Wisconsin Supreme Court referenced a 2023 ruling by the U.S. Supreme Court, which raised the bar for convicting individuals of making violent threats. The state court highlighted that Aish's statements did not meet the criteria of true threats of violence as he disclaimed any intention for harm to befall Kindschy, as noted in Justice Rebecca Bradley's concurring opinion with the majority. Following the legal battle, Kindschy has since retired, and the clinic where she worked has closed down. The case underscores the complex intersection of free speech rights, perceived threats, and legal interpretations in the context of anti-abortion protests. The ruling sets a precedent in Wisconsin regarding the protection of speech, even in situations where individuals feel targeted or threatened, emphasizing the importance of distinguishing between protected expression and genuine threats in legal proceedings.