Texas Supreme Court weighs whether to dismiss abortion funds’ defamation case against anti-abortion activist

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Texas Supreme Court weighs whether to dismiss abortion funds’ defamation case against anti-abortion activist
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The Texas Supreme Court heard arguments Wednesday over whether a defamation case brought by several abortion funds against prominent anti-abortion activist Mark Lee Dickson should be dismissed. Dickson previously called the funds 'criminal organizations.'

The Texas Supreme Court

On Wednesday, Dickson’s attorney, Jonathan Mitchell, said his client’s statements were not defamatory because they were true. Mitchell argued that the defamation case should be dismissed under the Texas Citizens Participation Act, which protects individuals from strategic lawsuits against public participation.

Mitchell added that there are other grounds to dismiss the case, arguing that the abortion funds would have to prove Dickson made his statements with “reckless disregard for the truth.” Ecklund added that the 1973 U.S. Supreme Court ruling made Texas’ pre-Roe law in question unconstitutional at the time, and therefore calling the abortion funds “criminal” infringes on their freedom of speech and association. And she said the groups have been complying with the law since the Dobbs decision.

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