ALAMOGORDO, N.M. – A New Mexico man's decision to lash out with a billboard ad saying his ex-girlfriend had an abortion against his wishes has touched off a legal debate over free speech and privacy rights.

The sign on Alamogordo's main thoroughfare shows 35-year-old Greg Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"

Fultz's ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official has recommended the billboard be removed.

But Fultz's attorney argues the order violates his client's free speech rights.

"As distasteful and offensive as the sign may be to some, for over 200 years in this country the First Amendment protects distasteful and offensive speech," Todd Holmes said.

The woman's friends say she had a miscarriage, not an abortion, according to a report in the Albuquerque Journal.

Holmes disputes that, saying his case is based on the accuracy of his client's statement.

"My argument is: What Fultz said is the truth," Holmes said.

The woman's lawyer said she had not discussed the pregnancy with her client. But for Ellen Jessen, whether her client had a miscarriage or an abortion is not the point. The central issue is her client's privacy and the fact that the billboard has caused severe emotional distress, Jessen said.

"Her private life is not a matter of public interest," she told the Alamogordo Daily News.

Jessen says her client's ex-boyfriend has crossed the line.

"Nobody is stopping him from talking about father's rights. ... but a person can't invade someone's private life."

For his part, Holmes invoked the U.S. Supreme Court decision from earlier this year concerning the Westboro Baptist Church, which is known for its anti-gay protests at military funerals and other high-profile events. He believes the high court's decision to allow the protests, as hurtful as they are, is grounds for his client to put up the abortion billboard.

"Very unpopular offensive speech," he told the Alamogordo Daily News. "The Supreme Court, in an 8 to 1 decision, said that is protected speech."

Holmes says he is going to fight the order to remove the billboard through a District Court appeal.

this is almost too funny...lol

If it doesn't show her picture or use her name then it's hardly an invasion of privacy.

just the lawyers wanting to make money, no one else really gives a crap...

yeah, the only people who would know who she is would be people close enough to him to know who his 'girlfriend' is and Im sure he had already shared his ASSumption with most of them.

its a shame , especially if its a lie, but I dont think it can be deemed illegal

Two things...

1. He'd better have absolute proof that it was an abortion, not a miscarriage. Otherwise a lawsuit for slander would be well worth it.

2. So what? If men are against abortions, then they need to either wear a condom, or better yet, not sleep with women who are in support of abortion and reproductive justice.

But then, I believe women need to get past the stigma of an abortion. It's a fact of life. It's only as negative as the person makes it.

Honestly.....I have no idea what to think about this. This goes directly to my grey area.........

THis sounds like the kinda crap I would pull. I don't get mad, I get even.

This whole thing just sounds stupid....
what a waste of energy

LOVE IT!!!!

Those lousy fetuses, victimizing their poor mothers. And why? Just because she had unprotected sex! I demand reproductive justice!

LOL

Think about this: Democrats don't respect the right to life of their own freaking children, why should we trust them with the right to govern us? Not to mention that "reproductive justice" seems to disproportionately be dispensed to dark skinned fetuses...

She murdered his child, that has a way of getting a man riled up.

oh well, he was an ex-boyfriend

maybe she didn't want to raise a kid alone

her body, not his

the billboard didn't bring the baby back now did it...

revenge is all it was, serves no purpose at all

If it inspires her to feel guilt and never get another abortion, then it serves the purpose of saving her future children's lives.

If it inspires other women to realize that they are murdering their children, then it could save many more lives.

If it gets people thinking about the fact that Abortion is AT BEST the legalized murder of a template for a unique and irreplaceable human being, it has served a purpose.

pretty sure he didn't do it to inspire her....

Pretty sure the 1st Amendment offers Freedom of Speech to every American and even covers messages that aren't LadyLid2012 approved.

why ya gotta make it and take it personally..

we don't agree..no big deal

lighten up dude, i didn't kill your baby!!

he never said anything about her or anyone else, he just said his ex, unless he only has 1 ex... that billboard is about standard for any anti-abortion whacko, so i don't think she has a leg to stand on here. and by her trying to sue him over it, she is in admittance that it is her he is talking about.

because of the line 'two month old baby', it kind of narrows down the identity of those exes, BUT it still requires the reader to personally know him and who he might have been sleeping with 11 months ago(men have been known not to JUST sleep with their girlfriend,,,),,,

So… a man/woman can post on a billboard…
--------------------------------------------
My ex is a (profession)
Who lives in (city)
He/she has (color) hair and (color) eyes
He/she will claim to be mad about you and make promises, but don’t be fooled…
He/she is actually gay/a lesbian who pretends to be straight
And tweets nude photos and cheats with the nanny/maid
--------------------------------------------

… or some other vile composition of words that describe your grievance with the person and provides clues to some people (at least possibly those that know you or the person you’re speaking of) about the identity of the person without directly naming them…

… and this is perfectly ok because of your right to free speech?

I don’t care if he puts up anything for or against abortion/death penalties/end of the world stuff, but putting personal references to another person is taking it a step too far.

Alternativa, that apparently is exactly okay. Keep it vague enough and you can tell the world everything. Nice huh?

Of course, this really shouldn't be a surprise considering people maliciously upload sex photos of each other when they break-up.

Spider, now you know something you need to discuss with any future potential girlfriends. Don't date any pro-choice women. Simple. Then, instead, you can gripe about any kids you get stuck paying for after the relationship ends. :-)

Sorry, but no one is going to tell me what I can and cannot do with my body. I don't tell a man what he can do, and I deserve the same respect.

You do realize that the reason poor folks are more likely to have abortions is because they aren't able to get birth control and protection to PREVENT pregnancies before they happen, right? The hypocrisy of this amazes me.

I'd rather pay child support than have the murder of my child on my conscience. Obviously you love money more than human life, typical leftist.

Condoms are free at many of the free clinics around the country. They are free in some schools. They are free from Planned Parenthood. Get a new script, this one is really old.

Hypocrisy is saying that a woman has a right to do what she wants to her body and then insists that also means she can kill her unborn children. Cross your legs and stop putting out if you don't want kids, okay?