University of Virginia Library

U.S. Supreme Court Vacates
Virginia Weekly Conviction

The United States Supreme
Court Monday vacated the
conviction of the editor of the
Virginia Weekly, who was
prosecuted for running an
abortion referral advertisement
in the paper in May 1971.

The court sent the case of
Jeff Bigelow, a former
University student, back to the
Virginia Supreme Court for
reconsideration in light of its
decision earlier this year
prohibiting states from
materially interfering with a
decision between a woman and
her doctor to have an abortion
during the first six weeks of
pregnancy.

Circulated on the Grounds,
the now-defunct Virginia
Weekly was partially financed
through the Student Activities
Fee.

The advertisement read:
"Unwanted Pregnancy? Let Us
Help You," and noted that
abortions were legal in New
York. It stated that there were
no residency requirements and
offered to make all
arrangements.

Mr. Bigelow was convicted
under a state law which stated
that encouraging abortion in a
publication or advertisement
was a crime.

The state Supreme Court
upheld his conviction, four to
two, last summer, holding that
Mr. Bigelow had violated the
law and that it could apply to
the advertisement because of
broad governmental power "to
regulate commercial
advertising."

"... Where, as here, a line
can be drawn between
commercial and
noncommercial conduct and it
clearly appears that the
prohibited activity is in the
commercial areas, the actor
does not have standing to rely
upon the hypothetical rights of
those in the noncommercial
zone," the ruling said.

In the appeal, Mr. Bigelow's
lawyers, John C. Lowe and F.
Guthrie Gordon, said the law
itself was unconstitutional
because it restricted the flow
of information. The appeal said
the first amendment forbids
the "wooden application of the
commercial advertising
doctrine."

When Mr. Bigelow was
arrested in May 1971 for
publication of the referral
advertisement, four members
of the Managing Board of The
Cavalier Daily, Tom Adams,
Bill Fryer, Fred Heblich and
Sam Graham, ere issued
warrants on the same charge,
but were later acquitted.
Abortion referral ads were
published in each issue of the
Virginia Weekly after Mr.
Bigelow's arrest.

Mr. Bigelow is now living
and working in Baltimore, Md.

The Weekly was the subject
of several student complaints
on the basis that it was
political in nature and that it
advocated a revolution in the
United States. It ceased
publication after the 1971-72
school year.

In September, 1972, fifteen
students and former students
filed suit against the Weekly,
the University Board of
Visitors, University Treasurer
David B. Moyer and Student
Council.

Headed by third-year law
student Christian White, the
group asked Albemarle County