Archive for the NAACP Category

Blacks protest NAACP over abortion say every child has a right to life

Posted in Black Conservative, Black Pastor, Clenard Childress, NAACP with tags , , , , , on August 28, 2015 by saynsumthn

NAACP asked if evil done to Blacks (Confederate Flag) or by Black leaders (thru Abortion Ailence) is worse

Posted in Black Conservative, Black Pastor, Clenard Childress, NAACP with tags , , , , , , , , , on July 20, 2015 by saynsumthn

REPUBLISHED FROM LIFE DYNAMICS BLOG

GuestClenard Childress Black abortion NAACP COnfederate Flag

Black leaders protested outside the NAACP conference in Philadelphia decrying the group’s refusal to speak out against abortion which kills a majority of Blacks.

Clenard CHildress

Rev. Clenard Childress, Jr. director of the largest Black pro-life organization the country, LEARN, told Life Dynamics that his “All Black Life” project visited the NAACP convention for days with a team of African Americans holding signs relating to Black Genocide.

Ab Savage act of violence 2912951881766_n

He said that the group’s basic message at the NAACP event was that, “ALL Black Life Matters.”

“It is a gross injustice of the NAACP board and members to ignore the genocide of the African American community and the health ramifications that are resulting from abortions upon African American women,” he said.

Childress also spoke to OneNewsNow from the convention calling the NAACP hypocritical for not speaking out against Black Genocide form abortion.

Right now I think the African-American community is quite hypocritical and short-sighted when it comes to being in an uproar about the Confederate flag and totally ignore the 1,786 African-American children who are killed each day in the womb,” he told the media outlet.

A controversial sign that Rev. Chilidress and his group showed to the 3,000- 5,000 attendees the 106th Annual NAACP Convention, was the image of a Confederate Flag alongside a dead aborted child.

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Under the flag were the words: “Evil done to us?”

The words under the aborted baby were: “Evil done by us?

Black confederate flag abortion 791718708639_n

The imagery was powerful,” wrote one columnist who spoke to Childress after the event.

Rev. Childress said that the sign hit home and most of the delegates the group talked to, “were connecting the dots and the conversations were extremely fruitful.”

They stared at the signs for a while and walked off shaking their head but saying , that’s right, that’s right, its wrong,” he stated.

This connects the dots better than the others,” he pointed out.

In addition to the Confederate sign, another sign held by the Black pro-life group read: Abortion Suppresses the Black Vote.

Abortion Surpresses the Black vote 1800222921023362_n

Others addressed the recent killings of Black men by police showing the barbaric way Black babies are butchered inside the womb by abortion doctors.

Abortion Surpresses the Black Vote 73028160483091916_n

A person believed we were from the NAACP,” Rev. Childress reported.

He walked up to us and said, ” well brother you voted for this didn’t you? When you voted for Obama you voted for abortion,” he added.

“We then got into a great discussion and I was able to tell them who we were.”

I Cant Breathe 87898772904711_n

The most popular sign was the confederate sign, everyone stopped to talk and look at the comparison,” Childress stated.

“One person was so frustrated that he had no retort to the sign he said well you might as well put the American flag up there also cause its happening not under the confederate flag but the American flag.Yes, I said, but this flag stands for liberty and justice for all… We refuse to apply it to everyone..,” he said.

Childress said that in addition to holding the signs, they handed NAACP members hundreds of copies the documentary film, Maafa21.

Maafa21 Logo 2

The film, which features the Black leader, details the eugenics agenda of abortion by diving back into the history of Planned Parenthood and their racist founder, Margaret Sanger.

Fully titled, Maafa21 Black Genocide in 21st Century America, and has been screened hundreds of time in public venues nationwide and can be viewed online here.

In addition to Maafa21, Life Dynamics has published a brochure challenging the NAACP’s silence in the abortion related death of a Black women.

Tonya Reaves brochure small

Life Dynamics contents that 24-year-old Tonya Reaves was murdered after Planned Parenthood doctors left her bleeding inside their Chicago abortion facility in July of 2009.

When the leadership of the NAACP decided to look the other way at the killing of Tonya Reaves, they totally shredded whatever credibility they had left,” the Life Dynamics brochure reads.

NAACP Prochoice statement

All together Rev. Childress said their group handed out over 6,500 pieces of material exposing abortion and Black Genocide over the three days.

Rev. Childress sent Life Dynamics a few of the reactions he received from various NAACP members:

    I am going to bring this display to my city.
    You have opened my mind to the facts we will have to talk more once I get back home.
    I never looked at abortion this way before, I am from Detroit and all people ever say is that there are too many Black babies. Children having children but a heart is beating at 18 days?
    ( weeping) I am a minister and it happened a long time ago< I never resolved this in my heart till today, I feel free, thank you for praying and speaking with me
    Are those statistic accurate, that cant be true.

When we begin to really look at the facts, we’ll recognize that our leadership is more about their own power and their own political progress than they are the plight of African-Americans,” Childress said.

Cecile Richards tries to link racist founded Planned Parenthood with NAACP and civil rights movement

Posted in Cecile Richards, NAACP, Planned Parenthood and NAACP with tags , , , , , , , , , on July 7, 2015 by saynsumthn

Cecile Richards, president of the Planned Parenthood Federation of America spoke at a post press conference at the 2015 HKonJ.

Planned Parenthood was founded by Margaret Sanger an avowed racist member of the American Eugenics Society who gave Klan speeches.

Planned Parenthood has NEVER denounced Sanger or her racist views.

The NAACP, on the other hand, has had a cozy relationship with Planned Parenthood lately, even contributing to their Maryland office, although this was not always the case.

NAACP 2012 Planned Parenthood 25K

Sadly, the NAACP and their North Carolina HKonJ leader, the Rev. William Barber support the abortion giant despite their history of racist eugenics.

Cecile Richards NAACP 2015

Richards began by thanking Rev. Barber, who has been granted awards from Planned Parenthood, for,”Preaching to us this morning- Taking us to church.”

The eugenics founded organization’s prez then thanks the NAACP, “Because our history at Planned Parenthood – we go back 99 years. And a lot of it started with some the same struggles. I mean Planned Parenthood was started because women were dying – we didn’t have a right to plan our own families. A right to health care if they need it. So, I feel that our links with the NAACP with the civil rights movement go back a long way,” she said.

She then quotes Martin Luther King, “An injustice to one is an injustice to all,” the organization that admittedly murders over 300K unborn babies in the womb as well as some of their mothers said.

Richards, is quite eloquent at rewriting history, but, thankfully, the real agenda and motivation behind the founding of Planned Parenthood has been thoroughly documented and the word RACISM and EUGENICS comes to mind when you investigate it. Just watch the film, Maafa21, available for free at www.maafa21.com for all the proof you will need.

While NAACP defends Rachel Dolezal they ignored death of real Black woman

Posted in Black Women, NAACP, Planned Parenthood and NAACP, Planned Parenthood death of patient with tags , , , , , , , , , , on June 17, 2015 by saynsumthn

In all the hoopla over now Ex-NAACP leader Rachel Dolezal’s weird obsession and alleged identify as black – it seems that the NAACP has more problems protecting real Black men and women.

Ryan_Scott_Bomberger_2 My BLACK friend Ryan Bomberger writes:

    Fresh off a stinging courtroom defeat, the national NAACP leadership reveals how little it considers its legacy. They sued an actual black (biracial) man for “harming” its reputation for accurately calling them out on their radical support for abortion. But a white woman pretending to be black, who generated hate and bitterness over false “hate crimes” reports, who stole a full scholarship meant for an actual black American, who pretended to be a mother, who pretended to have a black father, who lied about nearly everything about herself was worth an immediate defense by the NAACP. According to their press release: “The NAACP Alaska-Oregon-Washington State Conference stands behind Ms. Dolezal’s advocacy record.”

I blog more about the NAACP’s lawsuit against Ryan here.

Rachel Dolezal NAACP TOnya Reaves

Now, the group Life Dynamics has published a post about how the NAACP has ignored the death of a REAL BLACK WOMAN, which I am republishing below!

MURDERED is what the front cover states and inside the death of a young Black woman is detailed. So, why has the NAACP remained silent on her death?

Her name was Tonya Reaves:

Tonya Reaves from Brochure

July 20, 2012 …

    24-year-old Tonya Reaves walks into to a Planned Parenthood facility in Chicago for an abortion.

    During the procedure, the abortionist rips a hole in her uterus and she begins to bleed out.

    More than five hours later, an ambulance is called – but it was too late.

    Later, an autopsy finds that Tonya had lost approximately one-third of the blood in her body.

It is not unusual for a woman’s uterus to be torn during an abortion.

However, these injuries are not always fatal and, in this case, if emergency treatment had not been withheld for more than five hours, it is almost certain that Tonya could have survived.

But the staff at this Planned Parenthood abortion clinic knew that it is bad public relations for one of their customers to be wheeled out on a stretcher.

So they [Planned Parenthood] let her bleed to death.

Why is NAACP In bed with Planned Parenthood

A Scandal of Silence

When the leadership of the NAACP decided to look the other way at the killing of Tonya Reaves, they totally shredded whatever credibility they had left.

These people can complain all they want about the growing view that they are irrelevant, but the truth is … that is the reputation they earned.

For years, they have been both a political and financial accomplice of Planned Parenthood – despite knowing that this multi-national corporation has a well-documented eugenic and genocidal plan to control the U.S. Black population.

pp-gives-to-naacp-2012-lg

The fact is, the NAACP is owned by this corrupt organization and that is why they are willing to help them sweep this young woman’s dead body under the rug.

A Cold Reality NAACP


We Cannot Let Them Get Away With This

Planned Parenthood would like for us to just blow-off the killing of Tonya Reaves like it was an accident or medical malpractice.

It was neither.

The fact is, this killing fits perfectly within the scope of an Illinois law called:

“Depraved Indifference Murder”

If Tonya had been killed by the Klan, we would be in the streets demanding justice.

She doesn’t deserve less just because she was killed by Planned Parenthood.

Call the NAACP and make it clear that you expect them to start pushing the authorities in Illinois to launch a criminal investigation into this young woman’s death.

NAACP Baltimore Headquarters

Call today and call often!

NAACP National Headquarters
Baltimore, Maryland
(410) 580-5777

Learn more about BLACK GENOCIDE in modern America at

Maafa21.com or KlanParenthood.com

Tell others by sharing this blog post and passing out the Tonya Reaves brochure.

TonyaReavesMurder Cover

Order here.

End Life Dynamics.

My readers might be interested to know just how many political cronies the Planned Parenthood center where Tonya Reaves was left bleeding had.

Read that eye-opening report here.

NAACP lawsuit against pro-life group followed one against LDF

Posted in NAACP with tags , , , , , , , , , , , , on May 23, 2015 by saynsumthn

This week, the NAACP lost a trademark infringement lawsuit against a community organization which used the NAACP’s acronym in a parody to describe their support for abortion and Planned Parenthood.

The National Association for the Advancement of Colored People (NAACP) lawsuit was filed after The Radiance Foundation, a non-profit organization dedicated to educating people about social issues from a Christian perspective and co-founded by Ryan Bomberger, published an article at the website LifeNews.com online entitled “NAACP: National Association for the Abortion of Colored People” which criticized the NAACP’s stance on abortion.

Life News Ryan NAACP story

Apparently, to the NAACP, using their acronym in political satire rises to the level of trademark infringement.

Ryan_Scott_Bomberger_2

This lawsuit should be shocking to any American who values truth and the First Amendment,” said Bomberger at the time the lawsuit was filed.

The irony is painful. The NAACP is suing me—a black man—for exercising my Constitutionally-guaranteed right to free speech.

But, Bomberger did not stand alone in being on the receiving end of an NAACP trademark infringement lawsuit.

You might be interested to know, that the NAACP once sued their sister organization under the same claim of trademark infringement.

In 1985, The NAACP Legal Defense and Education Fund, Inc., won a court case against the National Association for Colored People (NAACP) for trademark infringement, according to a Federal Court of Appeals. The case overruled the decision of a federal judge in 1983.

The court found that the NAACP began the Legal Defense Fund using the initials NAACP since 1939 but the organization had become too dependent over the years. That was where they went wrong.

NAACP trademark NAACP legal

Apparently, the NAACP created a monster and when tensions emerged in the 1960’s they went to court, charging their own created wing of trademark infringement.

As they always say, follow the money and what the NAACP said the Defense Fund did was infringe on their fund-raising.

The United States Court of Appeals, District of Columbia Circuit reversed a District Court decision and ruled that the two organizations, like quarreling family members, must continue to share the NAACP initials with which they were born. The suit was later dismissed.

RadianceFoundation

Anyone see a pattern here?

Thankfully, in the Radiance Foundation case, the 4th Circuit Court of Appeals found that the NAACP did not have actionable claims for trademark infringement and Radiance’s use of the NAACP’s marks to criticize their abortion support falls squarely within the exceptions to trademark dilution specifically included in the Lanham Act to avoid encroaching on free speech rights.

NAACPFACTPOSTER

In the context of trademark infringement, the Lanham Act’s purpose, as noted, is to protect consumers from misleading uses of marks by competitors,” the decision states.

The decision also points out that a trademark “only gives the right to prohibit the use of it so far as to protect the owner’s good will against the sale of another’s product as his.

NAACP had held that because Radiance had a donate button on their website they were using the image for goods and services.

But, the appeals court wrote, “When the “use of the trademark does not imply sponsorship or endorsement of the product because the mark is used only to describe the thing, rather than to identify its source,” restricting speech does not serve the purpose of the Lanham Act.

“Indeed, criticism or parody of a mark holder would be difficult indeed without using the mark. Trademark protections exist neither to allow companies to protect themselves from criticism nor to permit them to “control language.”

Black pro-lifer wins lawsuit against NAACP over abortion support

Posted in NAACP, Ryan Bomberger with tags , , , , , , , , , , , , , , on May 22, 2015 by saynsumthn

REPUBLISHING from the Life Dynamics Blog –

An appeals court has ruled in favor of a Black pro-life organization which parodied the NAACP to expose their stance on abortion.

WE WIN!!!!” those are the words of Ryan Bomberger founder of the Radiance Foundation regarding his free speech lawsuit filed by the NAACP.

Ryan Bomberger wins NAACP lawsuit

4th Circuit Court of Appeals rules, unanimously, in our favor! This is a huge win for the First Amendment. The NAACP tried to crush our right to free speech but truth and justice prevailed,” Bomberger posted today.

The lawsuit, initially filed by the National Association for the Advancement of Colored People, better known by its acronym “NAACP” against Bomberger began after The Radiance Foundation, an organization Bomberger co-founded, published an article online entitled “NAACP: National Association for the Abortion of Colored People” which criticized the NAACP’s stance on abortion.

Radiance Civil Wrong d40e76914970c-500wi

The Radiance Foundation is a nonprofit organization focused on educating and influencing the public about issues impacting society. Radiance addresses social issues from a Christian perspective. It uses as its platform two websites, TheRadianceFoundation.org and TooManyAborted.com, where it posts articles on topics such as race relations, diversity, fatherlessness, and the impact of abortion on the black community.

The article, “NAACP: National Association for the Abortion of Colored People,” was posted by Radiance, and then picked up by Life News, exposing the NAACP’s ties to Planned Parenthood.

Shortly after the NAACP began to receive criticism for its position on abortion.

life-news-ryan-naacp-story

Though the NAACP has often claimed to be neutral on abortion, Radiance maintains that the NAACP’s actions actually demonstrate support for the practice.

According to Life News, following the piece, the NAACP sent Bomberger, the Chief Creative Officer of the Radiance Foundation, and LifeNews a threatening letter claiming infringement on its name and logo for including it in the opinion column.

The letter, accused Bomberger and the Radiance Foundation, of “trademark infringement” and stated that while “you are certainly entitled to express your viewpoint, you cannot do so in connection with a name that infringes on the NAACP’s rights.

NAACPFACTPOSTER

A court then ruled that The Radiance Foundation engaged in trademark infringement after doing nothing more than posting an article online that parodied the NAACP’s name.

The Radiance Foundation, represented by Alliance Defending Freedom (ADF) , then filed a declaratory judgment action in federal court, and in return, the NAACP filed counter-claims of “trademark infringement, dilution and confusion” for parodying the organization’s name in what the group describes as, “the NAACP’s documented pro-abortion position and actions.”

we-will-not-be-silenced

After a bench trial, the district court found for the NAACP on all counterclaims and denied declaratory relief to Radiance. The district court issued a permanent injunction “against any use [by Radiance] of ‘National Association for the Abortion of Colored People’ that creates a likelihood of confusion or dilution. However, it declined to award any damages or attorney’s fees, as it found the NAACP had failed to make the case that they were warranted.

In the latest decision, the 4th Circuit Court of Appeals found that the NAACP does not have actionable claims for trademark infringement here, and Radiance’s use of the NAACP’s marks falls squarely within the exceptions to trademark dilution specifically included in the Lanham Act to avoid encroaching on free speech rights.

In the context of trademark infringement, the Lanham Act’s purpose, as noted, is to protect consumers from misleading uses of marks by competitors,” the decision states.

The decision also points out that a trademark “only gives the right to prohibit the use of it so far as to protect the owner’s good
will against the sale of another’s product as his.

NAACP had held that because Radiance had a donate button on their website they were using the image for goods and services.

But, the appeals court wrote, “When the “use of the trademark does not imply sponsorship or endorsement of the product because the mark is used only to describe the thing, rather than to identify its source,” restricting speech does not serve the purpose of the Lanham Act.

“Indeed, criticism or parody of a mark holder would be difficult indeed without using the mark. Trademark protections exist neither to allow companies to protect themselves from criticism nor to permit them to “control language.”

Get a free prolife pin

In finding that Radiance’s use of the NAACP’s marks was “in connection with” goods or services, the appeals court ruled that the district court erred in several respects, pointing out that Radiance used the NAACP’s marks only in the title and body of an article criticizing the NAACP.

The Appeals Court Wrote:

    Although present on the article page, the Donate button was off to the side and did not itself use the NAACP’s marks in any way. The billboard campaign was displayed on a different page altogether. A visitor likely would not perceive the use of the NAACP’s marks in the article as being in connection with those transactional components of the website. It is important not to lose perspective. The article was just one piece of each Radiance website’s content, which was comprised of articles, videos, and multimedia advocacy materials. That the protected marks appear somewhere in the content of a website that includes transactional components is not alone enough to satisfy the “in connection with” element. To say it was would come too close to an absolute rule that any social issues commentary with any transactional component in the neighborhood enhanced the commentator’s risk of Lanham Act liability.

The court addressed the issue of “confusion” that the Radiance parody of the NAACP caused as one over policy and not over goods, when it wrote, “trademark infringement is not designed to protect mark holders from consumer confusion about their positions on political or social issues. The evidence of “actual confusion” relied on by the district court consisted of phone calls to the NAACP by people who took issue with the NAACP supporting abortion. “[I]ndignation is not confusion,” at least not as pertains to trademark infringement, and at best the calls demonstrated confusion as to the NAACP’s policy positions rather than any good or service. Policy stances are neither goods nor services, though the means of conveying them may be.

The appeals court continued, “it is not immediately apparent how someone would confuse an article which is strongly critical of an organization with the organization itself. The mark in this case was used primarily to identify the NAACP as the object of Radiance’s criticism, resembling a descriptive or nominative fair use albeit by employing a modified version of the name.

As for the free speech aspects of Radiance’s parody of the NAACP the court writes:

    Whatever the label affixed to the article, Radiance’s twist on the famous moniker follows in the same vein as articles that refer to the NRA as the “National Republican Association” or the ACLU as the “Anti-Christian Lawyers Union.”

    Radiance’s ploy was nonetheless effective at conveying sharply what it was that Radiance wished to say. The implications for the likelihood of confusion factors are thus obvious: parody or satire or critical opinion generally may be more effective if the mark is strong and the satirical or critical version is similar to the original. The critical message conveyed by the satirical mark itself and in the commentary that follows ensures that no confusion about the source of the commentary will last, if in fact it is generated at all.

    In this case, the title related to and conveyed the subject of the article: the NAACP and Radiance’s views of its alleged stance on abortion. The use of the satirical modification of the true NAACP name was designed, as many titles are, to be eye-catching and provocative in a manner that induces the reader to continue on. We cannot find that use of the NAACP marks in the title of the Radiance article created a likelihood of confusion as to the piece’s authorship or affiliation.

The court then ruled in favor of Radiance writing, “In sum, and for the aforementioned reasons, the plaintiff’s expression in no way infringed upon or diluted defendant’s trademark rights. We hereby vacate the district court’s injunction and remand with directions that the defendant’s Lanham Act counterclaims be dismissed.”

Ryan Bomberger 47912860773315_n

Ryan Bomberger says that now that the legal wranglings are over, he plans to continue to call the NAACP out on their stance regarding abortion.

“What an upside down world,” Ryan Bomberger told Life Dynamics in response to the decision.

In 2015 it’s radical to believe that every human life has purpose, and that we’re all equal. Along the way, the NAACP stopped believing this which would explain why they would spend over half a million suing us for accurately parodying their name: The National Association for the Abortion of Colored People. The U.S. 4th Circuit stopped that assault of the First Amendment and ruled in our favor. Not only will we continue to parody the NAACP’s name, we’ll continue relentlessly calling them out for supporting the violence of abortion and (the abject failure of) liberalism.”

Read the decision here.

We are incredibly grateful to ADF and our attorney, Chuck Allen, for defending what the NAACP claims to protect: our most basic civil rights,” Bomberger added.

In the documentary film, Maafa21, Life Dynamics also discusses the NAACP’s attitudes on abortion detailing how the organization tried to hide and prevent their convention goers from hearing about the abortion connection to black genocide.

One witness interviewed in the film states that ironically, the NAACP even went to the extent of using buses to block their demonstrations about black genocide in front of Cobal Hall.

Watch Maafa21 here.

Parody or free speech? Court to hear NAACP suit against Black pro-life group

Posted in NAACP with tags , , , , , , , , , on March 25, 2015 by saynsumthn

The irony never ends—the nation’s second oldest civil rights group suing a black man for exercising his second most basic civil right—the freedom of speech, ” Ryan Bomberger, founder of the Radiance Foundation.

WE-WILL-NOT-BE-SILENCED

In 1985, The NAACP Legal Defense and Education Fund, Inc., won a court case against the National Association for Colored People (NAACP) for trademark infringement, according to a Federal Court of Appeals. The case overruled the decision of a federal judge in 1983.

The court found that the NAACP began the Legal Defense Fund using the initials NAACP since 1939 but the organization had become too dependent over the years. That was where they went wrong.

NAACP trademark NAACP legal

Apparently, the NAACP created a monster and when tensions emerged in the 1960’s they went to court, charging their own created wing of trademark infringement.

As they always say, follow the money and what the NAACP said the Defense Fund did was infringe on their fund-raising.

So, it is no shock that if the NAACP would sue it’s own branch it would go after an outside Black organization which used it’s initials in a parody.

RadianceFoundation

Enter the Radiance Foundation.

In January 2013, Radiance, a non-profit organization dedicated to educating people about social issues from a Christian perspective, posted an article on two of its websites critical of the NAACP’s position on abortion and its support of Planned Parenthood.

After the article, “NAACP: National Association for the Abortion of Colored People,” was posted by Radiance, and then picked up by the news site Life News, the NAACP received complaints about its position on abortion.

Life News Ryan NAACP story

Anyone see a pattern here?

Allow me to paint the picture as it is unfolding, if complaints arise then donations may go down i.e. follow the money!

In response, the NAACP sent a cease-and-desist letter to Radiance, threatening trademark infringement litigation if Radiance refused to comply with the NAACP’s demands.

The NAACP also threatened Life News for reporting on the story.

In April, a court ruled that The Radiance Foundation engaged in trademark infringement after doing nothing more than posting an article online that parodied the NAACP’s name.

The Radiance Foundation then filed a declaratory judgment action in federal court, and in return, the NAACP has filed counter-claims of “trademark infringement, dilution and confusion” for parodying the organization’s name in what the group describes as, “the NAACP’s documented pro-abortion position and actions.”

Ryan_Scott_Bomberger_2

This lawsuit should be shocking to any American who values truth and the First Amendment,” explains Bomberger who is a citizen journalist and Emmy Award-winning creative professional. “The irony is painful. The NAACP is suing me—a black man—for exercising my Constitutionally-guaranteed right to free speech.

In other words, the full multimillion dollar NAACP organization is going after one Black man because he dared to call them out on abortion.

Unfortunately, in the initial hearing, Judge Raymond Jackson found Radiance guilty, concluding in a 52-page opinion, that “The NAACP has no formal or official position or policy regarding abortion.

Bomberger claims that Judge Jackson simply ignored trial evidence such as the NAACP’s own 2004 Convention Resolution and online Press Release announcing: “NAACP Board Takes Historical Prochoice Position“.

NAACP Prochoice resolution

This announcement was followed by the NAACP’s participation in a Planned Parenthood DC abortion rally protesting the passage of the Partial Birth Abortion Ban Act. Since then, the NAACP’s actions have been inarguably pro-abortion,” Radiance Foundation writes in their press release.

According to Bomberger, “There is no question about the NAACP’s position on abortion. They passed a resolution at their annual convention in 2004 erroneously entitled: “The March For Life”.

NAACP-MARCH-FOR-LIFE-2004-RESOLUTION

The document Bomberger published is interesting considering that the annual pro-life march is also called a “March for Life.”

But…I digress.

Bomberger cites other areas where he believes the Judge ignored evidence in the case:

    The judge wrongly claimed on page 41 of the Order: “The NAACP has intentionally refrained from taking a stance on abortion, and certainly has not been alleged to advocate for the abortion of people of color.”

    Never mind the NAACP not only promoted the pro-abortion “March for Women’s Lives”, it led from the stage.

    Former NAACP President Julian Bond was a featured speaker at event as well as the keynote speaker at a fund-raising dinner for NARAL, the same year, where he praised the fact that “black women exercise this precious [abortion] at rates far exceeding their percentage of the population.”

    Never mind Planned Parenthood is a corporate sponsor of the NAACP’s annual conventions.

    Never mind the NAACP filed a lawsuit against the state of Arizona for its Prenatal Non-Discrimination Act, which banned sex-selection and race-based abortions.

    Never mind the recent president of the NAACP, Benjamin Jealous, was the keynote speaker at a Planned Parenthood of Southeast Georgia fundraiser where one could purchase a $1000-a-Margaret-Sanger-Founders-Circle package to help raise money for the political arm of the abortion chain.

Bomberger and his Alliance Defending Freedom attorneys are not the only ones who believe parody is free speech and not trademark infringement.

In fact the ACLU, which is generally pro-abortion has filed a brief on The Radiance Foundation’s behalf.

Their brief was summarized by Harvard Journal’s, Jolt Digest, which wrote, “the Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union of Virginia, Inc. (“ACLU”) filed a joint amicus curiae brief in the U.S. Court Of Appeals For The Fourth Circuit for the Radiance Foundation, Inc. In its brief, the EFF and the ACLU urge that “trademark laws should not be used to impinge the First Amendment rights of critics and commentators”.

Citing the review in part:

    Building on three prior Circuit Court cases holdings that “artistic or political use of a trademark” and “literary titles” do not violate the Lanham Act “so long as the level of relevance to the underlying work is merely . . . above zero,” the EFF and the ACLU argue that Radiance’s use of the term “NAACP” in an article title was not infringing on a confusion theory.

    The brief reasons that “Radiance’s use of NAACP’s trademark in the title of an article was directly relevant to the article’s political goal and did not explicitly mislead as to the source or content of the article .”

    The EFF and the ACLU then argues that Radiance’s use of the term “NAACP” in an article title was not trademark dilution because it was a “noncommercial use” defined in 15 U.S.C. § 1125(c)(3) and thus exempted from Lanham Act action. Citing previous court decisions, the brief explained that the trademark dilution cause of action is limited to commercial advertising and excludes fully protected speech in newspapers, magazines, films, songs and similar media. Thus Radiance’s use of the NAACP’s trademark to criticize the practices of the organization and to comment on how abortion affects the African-American community is exempted under 15 U.S.C. § 1125(c)(3)(A)(ii).

“No trademark law overrides the First Amendment freedom to comment upon the positions, policies and activities of groups like the NAACP. This type of speech has a very long history of protection,” said Charles M. Allen with the law firm Goodman, Allen, & Filetti and one of nearly 2,500 private attorneys allied with ADF. “The Radiance Foundation merely expressed its opinion of the NAACP’s activities in an article. The NAACP cannot use trademark law to shield itself from criticism by denying others the right to use its name when they are expressing their opinions.”

I believe this trial in life will have a happy ending. Our hope is that truth and justice prevail and that our guaranteed, precious right to free speech is protected. Even more importantly, we hope that so-called “leaders” in the civil rights movement have their consciences awakened to realize no right is more valuable and in need of defense than the foundational Right to Life,” Bomberger said.

Will free speech prevail?

We will soon see as the case is now before three justices at the Fourth Circuit. Oral arguments will be heard Wednesday, March 25th.