People of the State of New York v. Rev. Kenneth Griepp, et al.

In a victory for free speech, the Second Circuit Court of Appeals issued a rare and extraordinary order on May 28, 2021, granting petitions for rehearing and fully vacating its prior opinion in People of New York v. Rev. Kenneth Griepp et al.

This decision, occurring in only about 0.03% of such petitions, reinstated the district court's ruling, which protected the First Amendment rights of peaceful sidewalk counselors from Brooklyn's Church@TheRock. Thomas More Society Senior Counsel Steve Crampton noted that the original appellate opinion appeared indefensible even to the judges who issued it.

The case began in June 2017 when former New York Attorney General Eric Schneiderman filed suit against Rev. Kenneth Griepp and nine other church members, falsely accusing them of harassment, threats, and obstruction outside Choices Women’s Medical Center in Queens. These dedicated pro-life advocates, who have peacefully prayed and offered alternatives to abortion outside of the abortion business since 2012, were targeted under federal, state, and local laws. After a rigorous 14-day hearing with extensive evidence, including videos and witness testimony, U.S. District Judge Carol B. Amon denied the Attorney General's request for a preliminary injunction in 2018, finding most claims meritless and affirming the counselors' protected speech.

Despite an initial appellate reversal in 2021, the Second Circuit’s full vacatur erased that flawed ruling. On November 16, 2021, the State of New York filed a stipulation of voluntary dismissal in federal district court, dropping all charges against the pro-life advocates. This final victory, after over four years of legal battles, affirmed the counselors’ right to continue their compassionate ministry, speaking for the voiceless without restriction.

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