Anti-abortion protesters say police breached their right to protest by arresting them for showing a graphic banner.
Andrew Stephenson, 35, and Kathryn Sloane, 19, were arrested and held for about 12 hours after protesting outside an abortion clinic in Hove.
They are both on bail but say they if charged they will fight what they see as a test case for the freedom to protest.
Sussex Police confirmed they arrested the pair outside Wistons clinic in Chatsworth Road, Hove, on August 10.
They were holding up a large 7ft by 5ft banner showing an aborted foetus as part of a protest for campaign group Abort 67.
Police said they asked them to remove the banner, before unfurling a second graphic sign and defying a warning they would be arrested.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article