Premium Essay

Bigelow vs Virginia

In: Business and Management

Submitted By sc65
Words 15430
Pages 62
Sandra Carlson
Business Law 3321
421 U.S. 809 Bigelow v. Virginia

Facts:
Jeffrey C. Bigelow was the managing editor for The Virginia Weekly, a newspaper which was published in Charlottesville, Virginia. He was charged with violating Virginia law on May 13, 1971, after printing an advertisement for a New York City agency that helped women arrange for, finance and obtain abortions.
The ad print was as follows:
UNWANTED PREGNANCY
LET US HELP YOU
Abortions are now legal in New York.
There are no residency requirements.
FOR IMMEDIATE PLACEMENT IN ACCREDITED
HOSPITALS AND CLINICS AT LOW COST
Contact
WOMEN's PAVILION
515 Madison Avenue
New York, N.Y. 10022 or call any time
(212) 371-6670 or (212) 371-6650
AVAILABLE 7 DAYS A WEEK
STRICTLY CONFIDENTIAL.
We will make all arrangements for you and help you with information and counseling. 1

Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage".
Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County
Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo

trial is a completely new trial. Typically, a trial de novo is ordered by an appellate court when the

original trial failed to make a determination in a manner dictated by law. 2
He was tried by judge in July, 1971. The facts of the case were stipulated.
The evidence presented included a copy of the advertisement printed in the February 8, 1971 issue of The Virginia Weekly, as well as the June 1971 issue of Redbook magazine, in which was printed an article...

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