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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Justices Don’t Like Buffer Zones. Unless It’s the Buffer Zone Around the Supreme Court
The justices dont like Massachusetts buffer zones. But theyre fine with the one around the Supreme Court.By Dahlia Lithwick
This morning, the Supreme Court handed down two unanimous decisions (I am inventing the word faux-nanimous effective immediately to account for Scalias very dissent-y concurrences) in two of the most hotly contested cases of the term. The first is Canning, the recess appointments case. In the second, the court held that Massachusetts 2007 abortion clinic buffer zone law, which requires that abortion opponents stay 35 feet away from clinic entrances, violates the First Amendment. Writing for the whole court, Chief Justice John Roberts says that the 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, is unconstitutional.
The Massachusetts law was passed after two clinic workers were shot and killed by a gunman at abortion clinics in Brookline in 1994. The challengers in McCullen want to approach women seeking abortions, and said the buffer zone thwarted their ability to offer face-to-face counselling. The federal appeals court found the zone to be a reasonable time, place, and manner regulation. Today, the high court reversed that decision. From now on it looks like these buffer zones outside clinics are presumptively unconstitutional. There are similar regulations at clinics in Portland, Maine; Pittsburgh; California; and elsewhere. They are modeled on the buffer zones that were approved in the high courts decision in a 2000 case, Colorado v Hill. That case was not overruled today.
While the decision is not monumentally awful in ways some progressives most feared, and certainly affords the state substantial latitude in its future attempts to protect women seeking abortions from harassment, more than anything it seems to reflect a continued pattern of free speech for me but not for thee or, at least, free speech for people who think like me, that pervades recent First Amendment decisions at the court. More importantly, I dont know where to locate this ruling in the burgeoning doctrine of the right to be let alone that Justices Alito and Thomas and Breyer have espoused, nor do I know how to reconcile it with the courts persistent second-rate treatment of any speech that threatens to harass the justices themselves.
more
http://www.slate.com/articles/news_and_politics/the_breakfast_table/features/2014/scotus_roundup/scotus_end_of_term_massachusetts_abortion_clinic_buffer_zone_law_goes_down.html?
Uncle Joe
(58,342 posts)Thanks for the thread, DonViejo.
TheDebbieDee
(11,119 posts)What abt a woman's right not to be harrassed by a mob?
Erich Bloodaxe BSN
(14,733 posts)Sure the first amendment gives you the right to talk freely. But it doesn't say anything about forcing anyone to listen to you. If these women wanted 'face to face counselling', I'd think they would have sought it out, not gone to an clinic that provides abortion services.
NutmegYankee
(16,199 posts)terrible decision.
gratuitous
(82,849 posts)The Supreme Court likes buffer zones around the President (well, some presidents), too:
http://www.aclu-or.org/content/moss-v-secret-service
So, if you want to go see your doctor, according to the Supreme Court, you have to run a gauntlet of shrieking, spitting hooligans with a record of violence, because Free Speech. But if you want to make a direct petition for redress from government officials, you have to stay 30 yards away or more from the untouchable, august personages of our public officials.
It's a curiously gymnastic reading of the First Amendment, but since both the McCullen and Moss decisions were unanimous. Us lowlies probably aren't smart enough to figure it out, so we're just so lucky to have the Supreme Court here to tell us what is and is not protected speech.
nomorenomore08
(13,324 posts)Jefferson23
(30,099 posts)City Lights
(25,171 posts)elleng
(130,857 posts)Chief Justice John Roberts said the state was asserting an undeniably significant interest in maintaining public safety and preserving access to health-care facilities. But Massachusetts pursued those interests by taking the extreme step of closing a substantial portion of a traditional public forum [public streets and sidewalks] to all speakers, he said.
The state had failed to address less-restrictive alternatives that would protect free speech while also defending its interest in maintaining safety, he said.
The court record showed that most of the problem was associated with protests at a single clinic in Boston on Saturday mornings, Chief Justice Roberts said.
For a problem shown to arise only once a week in one city at one clinic, creating 35-foot buffer zones at every clinic across the Commonwealth is hardly a narrowly tailored solution, he said. The Commonwealth has available to it a variety of approaches that appear capable of serving its interests, without excluding individuals from areas historically open for speech and debate. . .
Massachusetts officials had argued that they had tried other less-restrictive methods including a six-foot buffer zone that police said was too difficult to enforce.
We cannot accept that contention, Roberts said. Although [state officials] claim that Massachusetts tried other laws already on the books, they identify not a single prosecution brought under those laws within at least the last 17 years.'
http://www.csmonitor.com/USA/Justice/2014/0626/Supreme-Court-9-0-nixes-35-foot-buffer-zone-at-abortion-clinic