Buffer Zone Outside Abortion Clinics Violates First Amendment.
Petitioners are individuals who approach and talk to women outside abortion clinics, attempting to dissuade them from obtaining abortions. In an effort to address clashes between abortion opponents and advocates of abortion rights, Massachusetts passed a law which makes it a crime to knowingly stand on a “public way or sidewalk within 35 feet of an entrance or driveway to any ‘reproductive health care facility,’” where abortions are offered or performed. The Supreme Court of the United States was called upon to decide whether or not the statute violates the First Amendment. The high court concluded it does, stating: “Petitioners wish to converse with their fellow citizens about an important subject on the public streets and sidewalks—sites that have hosted discussions about the issues of the day throughout history. Respondents assert undeniably significant interests in maintaining public safety on those same streets and sidewalks, as well as in preserving access to adjacent healthcare facilities. But here the Commonwealth has pursued those interests by the extreme step of closing a substantial portion of a traditional public forum to all speakers. . . The Commonwealth may not do that consistent with the First Amendment.” (McCullen v. Coakley, Attorney General of Massachusetts (U.S. Sup. Ct.; June 26, 2014) 134 S.Ct. 2518, [189 L.Ed.2d 502].)
Leave a Reply
You must be logged in to post a comment.