University of Virginia Library

ACLU, Weekly Denounce State Abortion Law

The American Civil Liberties Union
and The Virginia Weekly plan to
challenge the legality of the Virginia law
against publication of abortion
information, representatives of the two
organizations said.

Staff members of The Cavalier Daily
and The Virginia Weekly were charged
last May with violating the state law by
publishing advertisements containing
information on abortion referral.

Jeffrey Bigelow, managing editor of The
Virginia Weekly, was convicted and is
currently appealing the case to the Virginia
Supreme Court.

Mr. Bigelow's attorney, John Lowe, has
stated that he feels "the law is clearly
unconstitutional" and that he welcomes "the
chance to challenge this statute." He has
indicated that the ACLU is prepared to take the
case to the Supreme Court.

Tom Adams, Bill Fryer, and Sam Graham,
former staff members of The Cavalier Daily,
were not prossed following a statement in
court. The statement explained that the
defendants were not aware of the law when the
ads were published last December and that the
newspaper has since printed a statement that it
will comply with the legislation, although it
does not necessarily agree.

A warrant against Thomas Breslin of The
Virginia Weekly was dropped on the grounds
that he had resigned before publication of the
issue in which the advertisement appeared.
Thomas Doran, the third member of The
Weekly, was out of town and was not tried.

Mr. Bigelow's conviction was affirmed on
appeal to the Circuit Court of Albemarle
County. As managing editor of The Virginia
Weekly, he said that he accepted the
responsibility for publication of the
advertisement last February, but that he was
not aware of the state law at the time.

Mr. Bigelow pleaded "not guilty" to the
charge of encouraging or procuring of abortion
by advertising. He did so on the grounds that
the law, section 18.1-63 of the Code of Virginia,
violates the First Amendment which guarantees
for freedom of the press and speech.

The Code states that "...if any person, by
publication, lecture, advertisement, or by the
sale or circulation of any publication in any
other manner, encourage or prompt the
procuring of abortion or miscarriage, he shall be
guilty of a misdemeanor."

Mr. Lowe has argued that the law denies
access to proper counseling, although legal
abortions are obtainable under certain
conditions.

A law which became effective last June
allows a woman to secure an abortion if she can
prove satisfactorily to a three-man hospital
board and psychiatrist that her mental or
physical health would be severely impaired if
the pregnancy were carried to term.

Christian White, a second-year law student,
plans to petition the Board of Visitors on
Wednesday to request that The Virginia Weekly
be denied funds to operate.

Mr. White is a member of the
"Charlottesville Right to Life Committee,"
which asked Justice of the Peace Douglas
Hudson to issue warrants against the six staff
members last spring.

Photo By Charlie Sands

Jeff Bigelow

Weekly Member Appeals Conviction