RELEASE: New Abortion Texas Supreme Court Case: “Heart” of The Matter Is Free Speech

RELEASE: New Abortion Texas Supreme Court Case: “Heart” of The Matter Is Free Speech


Austin, Texas – This week, in a case related to pro-life citizens opinion on the stopping of a baby’s heartbeat by abortionists, Texas Values signed on to a friend-of-the-court legal amicus brief in the case of Dickson v. Afiya Center asking the Texas Supreme Court to protect the First Amendment rights of pro-life Texans. The case centers around abortion industry claiming that pro-life activist Mark Lee Dickson’s comments about abortion businesses committing murder when they perform abortions is allegedly defamatory.


While Dickson’s freedom of speech was initially protected, the abortion industry’s appeal resulted in a circuit split where the 7th Court of Appeals dismissed the defamation and conspiracy claims against Dickson and the 5th Court of Appeals ruling to allow the abortion industry suit to proceed. Now, the issue is before the Texas Supreme Court on whether Dickson’s comments are protected by the First Amendment.

Pro-life advocates for years have acknowledged the fact that an abortion, by definition, is the ending of the preborn baby’s life and have aligned the act with terms such as “killing” and “murder” of preborn children. However, the appeal to the Texas Supreme Court on the defamation lawsuit against Dickson comes at the same time as his victory at the U.S. Supreme Court, where the abortion industry named him as a party to enact the Texas Heartbeat Law, but the Court dismissed the claims against Dickson. There has been an increased awareness and discussion of an abortion stopping a baby’s heart after the enactment of the Texas Heartbeat Law. Abortion advocates have clearly been bothered by this fact for a long time and continue to be on the defensive.

In addition to Texas Values and Texas Right to Life, these following organizations also signed onto the legal amicus brief: The Republican Party of Texas, Grassroots America-We the People, True Texas Project, Texas Eagle Forum, The Texas Young Republican Federation, Houston Young Republicans, Texas Pastor Council, The Southern Baptists of Texas Convention, Human Coalition Action, Students for Life of America, Texas Homeschool Coalition, and Concerned Women for America. 


The petition for the Texas Supreme Court to hear the case was filed Monday, February 7, and Texas Values is waiting for a response to hear the case.  More information about the Texas Heartbeat Law can be found at


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