City Conspired With Planned Parenthood to Silence Pro Life Christian, But He Just Won

Pro Life Activist Zachary Hebb Wins Right to Use Amplifier Outside Asheville Abortion Clinic After First Amendment Settlement

Pro life activist Zachary Hebb has reached a landmark settlement with the city of Asheville, North Carolina, that restores his right to use a sound amplifying device outside the Asheville Health Center, the city's only abortion facility.

The city approved Ordinance No. 5199 on February 24, amending its noise restrictions to clarify that the prohibition on amplified sound only applies "when such sound is clearly audible at more than 150 feet from the sound amplifying device." The amended language effectively allows Hebb and others to communicate their message to visitors approaching the clinic.

First Liberty Institute and the Thomas More Society represented Hebb in the case, which spanned years of litigation. Hebb's religious beliefs compel him to share his Christian faith, offer tangible assistance to pregnant women, and provide adoption information to those considering abortion. He had been using a small amplifier at conversational volume to ensure his message could be heard.

The legal battle began after a city council member met with a representative from Planned Parenthood South Atlantic and staff members of the Asheville Health Clinic regarding complaints about pro life activity. Following that meeting, the council member proposed language for the noise ordinance that created an amplification ban effectively silencing Hebb's speech.

A federal district court initially sided with Hebb, ruling the original ordinance violated the First Amendment and was unconstitutionally vague. However, the U.S. Court of Appeals for the Fourth Circuit reversed that decision, finding the First Amendment does not guarantee a right to be heard.

We are thrilled Mr. Hebb will now have the opportunity to effectively and winsomely share his pro life message outside Asheville's abortion center.

Nate Kellum, Senior Counsel for First Liberty Institute, said following the announcement of the settlement.

The settlement brings a resolution to the dispute, ensuring that pro life advocates can continue sidewalk counseling efforts while respecting reasonable noise limitations.

Asheville Settles With Pro Life Advocate Over Amplifier Ban Near Abortion Facility

The case has drawn national attention as a significant test of First Amendment protections for pro life speech near abortion facilities. Cities across the country have enacted various buffer zone ordinances and noise restrictions that critics say unfairly target pro life sidewalk counselors.

Hebb began his sidewalk counseling ministry outside the Asheville Health Center in 2019. His approach involves speaking at conversational volume through an amplifier to offer women alternatives to abortion and share his faith. The settlement preserves his ability to continue this ministry within the bounds of the amended ordinance.

The Crusader's Opinion

Let this be perfectly clear: a city government conspired with an abortion provider to silence a Christian man on a public sidewalk. A council member sat down with Planned Parenthood and crafted a law specifically designed to muzzle one man's voice. That is not governance. That is targeted suppression of Christian speech.

Thank God for organizations like First Liberty Institute and the Thomas More Society who fight for our right to speak truth in the public square. The fact that it took years of litigation for a man to simply talk to women walking into an abortion clinic tells you everything about the spiritual battle we are in. Every voice silenced outside those doors is a life that might never hear there is another way.

Take Action

• Support First Liberty Institute's work defending religious freedom at firstliberty.org or call them at (972) 941 4444
• Support the Thomas More Society's legal defense of pro life advocates at thomasmoresociety.org
• Contact your local city council and ask them to protect free speech rights for sidewalk counselors near abortion facilities
• Volunteer with a local pregnancy resource center to offer tangible help to women considering abortion
• Support The Shepherd's Shield ministry at www.TheShepherdsShield.org to help persecuted Christians worldwide