The incident that precipitated the lawsuit occurred in November 2005, when Steven Lefemine, the leader of a group called Columbia Christians for Life was protesting against abortion by displaying color photographs of mutilated fetuses at the busiest crossroads in Greenwood County, South Carolina. After several complaint calls from motorists, the police arrived and asked Lefemine to remove the signs as they were causing a traffic disturbance. Lefemine followed police instructions and removed the signs, but after two years, he sued Sheriff Dan Wideman and other officials seeking damages for violating his constitutional rights and asking for a ruling to allow him continue to display the graphic signs.
The federal judge in Greenville ruled that Lefemine had a right to exercise his rights under the First Amendment and continue to display graphic anti-abortion signs, as long as he did not cause a traffic disturbance. The judge also opined that it remained on the police to see that the protesters did not move onto the street or otherwise hinder the free flow of traffic. However, the federal judge did not grant any damages, and also denied Lefemine's claims to attorney fees.
In the unsigned four-page opinion on the matter, the Supreme Court observed that Lefemine had gone to court, as he “desired to conduct demonstrations in Greenwood County with signs that the police officers told him he could not carry … After the [judge's] ruling, the police could not prevent him from demonstrating in that manner,” so there was no doubt as to Lefemine being the prevailing party in the dispute and being entitled to attorney fees. The Supreme Court has sent the case back to the federal judge to decide on attorney's fees.
