Appeal reverses earlier decision against Radiance Foundation

Friday, May 22, 2015
 | 
Charlie Butts (OneNewsNow.com)

The Radiance Foundation has won a round in court against a lawsuit filed by the NAACP but it's not necessarily the final round.

Ryan Bomberger, who heads the Radiance Foundation, tells OneNewsNow that two years ago he wrote an article challenging the NAACP's radical pro-abortion policies. 

Bomberger

“And I titled the article ‘The National Association for the Abortion of Colored People,’” he shares. “Then, within that article, using the NAACP's own documentation - including their own press release from 2004 declaring that they took an historic pro-choice position - I blasted the NAACP for embracing all things liberal and nothing pro-life.”

According to the pro-lfe activist, that's the same information that has been stated by several other organizations, but the NAACP filed suit against the Radiance Foundation for what they cited as a trademark infringement.

“The lower-court judge unfortunately sided with them, ignored all the evidence, ignored the law, and certainly ignored the First Amendment, and ruled in their favor,” Bomberger explains. “They said that we had no right to even parody the NAACP's name, let alone ever create a parody again in the future.”

Alliance Defending Freedom appealed to the 4th U.S. Circuit Court of Appeals, which reversed the lower court's decision. That reversal essentially protects people who would criticize an organization or company; unless, of course, the NAACP files another appeal and wins.

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