Case against pro-life protester collapses

Case against pro-life protester collapses
Trespassing charges for Campus Life Tour member dismissed

The state case against a pro-life protester accused of trespassing on the South Dakota Mines college campus in Rapid City, S.D., has collapsed, with a prosecuting attorney announcing a count against Joey Cox, 18, has been dismissed.

As WND reported earlier, officials from South Dakota School of Mines & Technology effectively ran off the team from Campus Life Tours in May when members arrived to spread their pro-life message.

One member of the Survivors of the Abortion Holocaust team was arrested on charges of trespassing on the campus of the state-funded school.

"No sooner had we pulled into visitor parking on campus, when a squad of administration and police swarmed our van demanding for us to leave. I tried negotiating with them, but obviously this college has a problem with peaceful First Amendment activity," said Kortney Blythe, director of the tours.

Despite Blythe's contention that speech was a protected activity, police officers arrested Cox, alleging he trespassed – actually "failed to vacate" – on the campus.

"The Constitution was thrown out the window and replaced with campus regulations that didn't even apply," said Blythe. "The Campus Life Tour has visited dozens of schools this semester, and we have demonstrated our willingness to work with school officials time and time again.

"But we absolutely refuse to give up our First Amendment right to free speech – a right for which Americans have fought and died. The lives of thousands of preborn babies are on the line, and we will not be bullied into leaving a campus before we even have a chance to speak to the students about the tragedy of abortion," she said.

Sarah E. Seljeskog, who was assigned to prosecute the case, instead closed it down, concluding it was in the "best interest of justice."

Attorney Stephen Wesolick, who is allied with the Alliance Defense Fund, told LifeSite News that the school's requirement to apply for and obtain permission two weeks in advance to sell things on campus didn't apply to free speech.

"The Constitution does not require individuals to obtain permission before they exercise their First Amendment Rights," he said. "Free speech is a protected right under the Constitution and does not require adherence to this type of school policy."

Cox had called the school to let officials know the team was en route and to ask about the school's free speech policy. He was told by Julie Smoragiewicz, vice president for university and public relations, that free speech permission must be requested two weeks in advance.

"It's a long-standing policy … it's just something that we've done in terms of making it convenient," she told the team.

Members of the tour explained the copy of the policy they were given showed it applied only to solicitation on campus and made no mention of free speech without the sales of goods and services.

When the team arrived, a blockade of administrators, police officers and a Rapid City Police Department vehicle lined the sidewalk to bar entrance.

"It's sad that we didn't even get set up," Blythe told WND. "We literally pulled into the parking lot, and a group of administrators and police officers came toward us, surrounded our car, and told us to leave now."

School spokesman Mitch Vandervorst told WND the school's policy addresses solicitation. "That policy states with two week's notice and filling out the correct forms, anybody can solicit on campus."

When WND asked about the campus free speech policies, Vandervorst referred again to the solicitation outlines.

"That's just what the policy is called. Anytime you're displaying anything, you can say what you want. You just have to follow the rules to get on campus."