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(5/22/2007)
South Dakota State's Attorney Dismisses Charges Against Pro-Life Advocate Charges dismissed "in the best interest of justice"
RAPID CITY, S.D. — A pro-life advocate arrested for expressing his beliefs is no longer facing criminal charges. On May 16, a South Dakota state attorney Sarah E. Seljeskog dismissed the charges filed against 18-year-old Joey Cox, represented by an Alliance Defense Fund-allied attorney. Cox had attempted to communicate a pro-life message on the campus of South Dakota School of Mines & Technology in Rapid City. “The Constitution does not require individuals to obtain permission before they exercise their First Amendment rights,” said ADF-allied attorney Stephen Wesolick, of the Wesolick Law Firm in Rapid City. “Furthermore, the school’s administration misapplied their policy when they chose to silence Mr. Cox.” On May 7, approximately one hour before arriving on campus, Cox, a member of the California-based Survivors of the Abortion Holocaust group, called SDSMT to inform them of the team’s planned visit to the campus as part of the Spring 2007 Campus Life Tours project. He also requested information on the school’s free speech policy. In response, Julie Smoragiewicz, vice president for university and public relations, said that the team would not be granted permission to access the campus. She later provided a campus policy which stated that previous permission must be attained two weeks in advance. Almost immediately upon arriving at the campus, Cox was arrested and charged with failure to vacate, a class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine. On May 16, a state attorney dismissed the criminal charges against Cox, noting that the reason for the action was “in the best interest of justice.” A copy of the dismissal filed May 16 in the Magistrate Division of the 7th Judicial Circuit Court is available here. “Free speech is a protected right under the Constitution and does not require adherence to this type of school policy,” Wesolick said. “Mr. Cox acted entirely within his rights when he chose to engage in pro-life speech on the school’s campus.” ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
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