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A federal appeals court ruled Tuesday that pro-life activists arrested for sidewalk chalking outside a Planned Parenthood during the Black Lives Matter heyday were likely victims of viewpoint discrimination, reviving a case that a lower court had dismissed.
In seeking to exclude the display from the Texas Capitol, state officials “violate the Foundation’s First Amendment rights and engage in viewpoint discrimination as a matter of law when they exclude the Foundation’s Exhibit based on the perceived offensiveness of its message,” a federal district court ruled.