Planned Parenthood wants citizen protection from libel suit

Planned Parenthood sought immunity from a Kane County defamation lawsuit Friday under a law that protects citizens who speak out about government issues.

Attorneys for the organization say the Citizen Participation Act shields Planned Parenthood from the accusations of libel and defamation made by Chicago's Pro-Life Action League in the wake of a bitter fight to open an Aurora clinic where abortions are performed.

The league sued Planned Parenthood in October after Aurora's mayor and city council received letters painting the abortion opponents as violent, which the Pro-Life Action League flatly denies, and after an ad with similar claims appeared in a local newspaper. The clinic has since opened.

On Friday, attorney Leah Bruno argued that Planned Parenthood, in publishing the statements, was making "genuine efforts to obtain a favorable government outcome" related to the opening of the facility and therefore is protected under the act. She noted the inclusion of a telephone number for Aurora officials contained in the newspaper ad and a statement encouraging citizens to advocate in favor of the facility.

"It was a clear appeal to the citizens of Aurora," Bruno said in arguing a motion to dismiss the case before Judge Judith Brawka.

But attorneys for the Pro-Life Action League countered that Planned Parenthood's intentions were not clear and that offering it protection under the Citizens Participation Act would set a dangerous precedent.

"Planned Parenthood is arguing that by this statute ... a total, absolute immunity was given to anyone in the state of Illinois who says anything about anybody," said Thomas Brejcha, legal counsel for the league. "There is no First Amendment right to say a known falsehood about a citizen of Illinois."

Brawka continued Friday's hearing to Sept. 2 without a decision.