A pro-life organization is refusing demands from abortion-rights advocates to retract years of reporting and issue sweeping apologies, asserting its right to use terms such as "killing" to describe abortion.
Attorneys for Live Action, represented by the Thomas More Society, have responded to a cease-and-desist letter from Amplify Legal, which represents 13 individuals featured in Live Action's coverage. Amplify Legal accused the organization of publishing false factual claims about pregnancies, fetal diagnoses, and medical circumstances, demanding the removal of articles and social media posts, along with a public apology and retractions.
"The answer is ‘No,’" Live Action's attorneys stated in their response. They argue that much of the disputed coverage constitutes constitutionally protected speech and that the organization will not cease reporting on abortion or agree to restrictions on future coverage.
Peter Breen, executive vice president and head of litigation at the Thomas More Society, told Fox News Digital that the dispute involves a fundamental free-speech issue. He stated that previous court decisions have held that using the term "killing" to describe abortion is not defamatory and is legally permissible.
Amplify Legal, however, contends that the objections go beyond specific terminology. The group claims Live Action has made inaccurate and cruel statements about families with wanted pregnancies, accusing them of "wanting to kill" their babies. As an example, Amplify cited the case of Kate Cox, a Texas woman who sought an abortion after her unborn child was diagnosed with Trisomy 18. Amplify alleges Live Action disputed whether the diagnosis meant Cox's daughter was certain to die and that the organization failed to contact clients or their medical providers for comment before publication.
"The lying, bullying, and complete disregard for the truth must end now," Amplify Litigation Director Molly Duane said in July. "What they are doing is not only cruel — it's illegal."
Live Action's attorneys dispute Amplify's allegations but indicated that the organization is open to considering specific factual challenges through its standard editorial corrections process. The organization's founder and president, Lila Rose, stated that Live Action will not alter its language in response to the legal threat, asserting that abortion is an act of killing a living human child and that Americans have the right to say so forcefully.
Legal precedent exists for similar disputes. The Thomas More Society cited a 2023 Texas Supreme Court case where statements by an anti-abortion activist equating abortion with murder were deemed protected opinion made in pursuit of changing law. A 1988 Illinois appellate decision also rejected a defamation claim involving the term "prenatal killing."
Ilya Shapiro, director of constitutional studies at the Manhattan Institute, commented that Amplify's demands appear to conflict with First Amendment protections for political debate. He described the demand letter as "legally frivolous activism," arguing that statements like "abortion is murder" or comparisons to a "dystopian Handmaid's Tale" are opinions, not defamatory statements.
Live Action's attorneys have warned that they could seek attorneys' fees and sanctions if a lawsuit is filed and have directed Amplify and its clients to preserve relevant records. Breen stated that while the Thomas More Society does not wish for its clients to be drawn into litigation, they are confident in Live Action's position and prepared to defend it.
Amplify Legal stated it is "weighing all of [its clients'] options." Breen indicated that the next move rests with Amplify Legal, adding, "The ball is in the other side's court."