Letter To Doctor Opposing Abortion Clinic Was Not True Threat Under FACE

In United States v. Dillard, (D KS, Aug. 15, 2013), a Kansas federal district court dismissed a civil action brought by the United States against pro-life advocate Angela Dillard under the federal Freedom of Access to Clinic Entrances Act. As related by the opinion:

On January 19, 2011, Angel Dillard wrote a letter to Dr. Mila Means, who had publicly announced plans to open an abortion services clinic in Wichita, Kansas. Most of the letter centers on arguments from Scripture, appeals to conscience, and the practical disadvantages and difficulties associated with such a clinic. But in the body of the letter, Dillard also wrote that “You will be checking under your car everyday—because maybe today is the day someone places an explosive under it.”

The court concluded that the letter did not constitute a true threat.