En Banc 9th Circuit to Review Abortion Speech Case — ‘The 9th U.S. Circuit Court of Appeals decided Wednesday to rehear en banc a case that could outline the limits of provocative speech under the First Amendment.

The case was brought by abortion providers who were depicted by anti-abortion activists on “Wanted”-style posters and a “Nuremberg Files” Web site that accused them of crimes against humanity. The key issue is whether context can be used to judge whether such speech crosses the line from provocative into a threat. In light of a climate of violence over the abortion issue, the abortion providers charge the Web site and posters are an incitement not protected by the Constitution.’