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xchrom

(108,903 posts)
Fri Jun 27, 2014, 07:37 AM Jun 2014

The Last Person You See Before Getting an Abortion

http://www.theatlantic.com/politics/archive/2014/06/the-last-person-you-see-before-getting-an-abortion/373526/

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***SNIP

The decision described interactions between women and protesters like Eleanor McCullen, for whom the case is named, like this:

[She] will typically initiate a conversation this way: "Good morning, may I give you my literature? Is there anything I can do for you? I’m available if you have any questions." If woman seems receptive, McCullen will provide additional information. McCullen and the other petitioners consider it essential to maintain a caring demeanor, a calm tone of voice, and direct eye contact during these exchanges. Such interactions, petitioners believe, are a much more effective means of dissuading women from having abortions than confrontational methods such as shouting or brandishing signs, which in petitioners’ view tend only to antagonize their intended audience.
Justice Antonin Scalia reflected on this in a concurrence. "Is it harassment, one wonders, for Eleanor McCullen to ask a woman, quietly and politely, two times, whether she will take literature or whether she has any questions?" he asked.

Even though these direct, personal interactions may make some women uncomfortable, Scalia wrote, that's what the First Amendment is all about: allowing people to speak their mind and try to persuade others to see things the same way. This is especially true in politically charged public spaces, like the streets outside abortion clinics (emphasis added):

It blinks reality to say, as the majority does, that a blanket prohibition on the use of streets and sidewalks where speech on only one politically controversial topic is likely to occur—and where that speech can most effectively be communicated—is not content-based. Would the Court exempt from strict scrutiny a law banning access to the streets and sidewalks surrounding the site of the Republican National Convention? Or those used annually to commemorate the 1965 Selma-to-Montgomery civil rights marches? Or those outside the Internal Revenue Service? Surely not.
Of course, conversations outside of abortion clinics are very different from casual chats on any other street. Even if they're polite, these interactions may still feel coercive. Getting an abortion is a big choice, freighted with emotion; it's naïve to imagine this experience as a potential exercise in sterile, civil discourse. But that doesn't make free speech any less important, the justices ruled.
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The Last Person You See Before Getting an Abortion (Original Post) xchrom Jun 2014 OP
Yes Erich Bloodaxe BSN Jun 2014 #1
I am troubled by this decision el_bryanto Jun 2014 #4
It's from your faulty assumption jeff47 Jun 2014 #10
That seems to be the assumption that the Supreme Court made as well el_bryanto Jun 2014 #11
Kicking. nt littlemissmartypants Jun 2014 #2
They came in your face before the protest zones HockeyMom Jun 2014 #3
Thank you for a little reality check gratuitous Jun 2014 #6
it will get worst warrior1 Jun 2014 #5
Yip, we all remember what is was like before Johonny Jun 2014 #8
Check out #notcounseling and @ClinicEscort to see what this "calm" "conversation" looks like. Brickbat Jun 2014 #7
Well I can see two flaws in the reasoning right off the bat... ljm2002 Jun 2014 #9

Erich Bloodaxe BSN

(14,733 posts)
1. Yes
Fri Jun 27, 2014, 07:43 AM
Jun 2014
"Is it harassment, one wonders, for Eleanor McCullen to ask a woman, quietly and politely, two times, whether she will take literature or whether she has any questions?" he asked.


Yes, yes it is.

The First Amendment does not guarantee you a right to be listened to, or to speak to specific individuals who don't want to speak to you. Just to speak. If no one listens, that's your problem.

el_bryanto

(11,804 posts)
4. I am troubled by this decision
Fri Jun 27, 2014, 09:28 AM
Jun 2014

But I also question where exactly the harassment occurs. If a person is offered literature, does that really constitute harassment? Assuming the person takes no for an answer, and immediately backs down, I'm not sure.

That said I'm also familiar with the people standing right at the doors with signs and shoutings attacking woman verbally as they go on, and that's clearly harassment in my mind.

Bryant

jeff47

(26,549 posts)
10. It's from your faulty assumption
Fri Jun 27, 2014, 01:11 PM
Jun 2014
Assuming the person takes no for an answer, and immediately backs down

That part doesn't happen, except in very rare cases. They bring suits based on the rare cases in order to get decisions like this in order to enable the majority to scream in women's faces.

el_bryanto

(11,804 posts)
11. That seems to be the assumption that the Supreme Court made as well
Fri Jun 27, 2014, 01:19 PM
Jun 2014

I agree that it doesn't happen in many cases - probably most cases.

Bryant

 

HockeyMom

(14,337 posts)
3. They came in your face before the protest zones
Fri Jun 27, 2014, 09:24 AM
Jun 2014

Years ago my dentist was in the same building as PP. One time while a man came up to me and my then 4 year old daughter trying to give us anti-choice literature. It was just a couple of feet from the doorway. He patted my daughter on the head to which she promptly screamed, "Don't touch me!" I suppose he figured since I was mother I supported their cause? I told him to keep his hands off my child. He then tried to hand me a phamphet. I took it and ripped it up in front of him and told him I was a Pro-Choice MOTHER.

Another time, going to that dentist, the protestors were again there. I was going to the dentist for a root canal and was in a lot of pain. The last thing I wanted was to be confronted by these people. Again, a man came right up to me, shouting, "Don't kill your baby!" He blocked me from moving!!!!! Made me furious. I told him he had better get out of my face, or I would MAKE him get out of my face. Stunned, he very quickly backed off.

My experiences with anti-abortion protestors before those zones were created. Hell, I was not even going for an abortion, although I did go to PP once for contraceptives when my husband had lost his job. That was after the buffer zones went into effect and they had to stay across the street from the building.

Imagine a young woman all alone going for an abortion and being accosted by these people? No, they are not going to be just vocal. They WILL confront, and block, these women from the enterance. They did it before. They won't again? Of course they will.

gratuitous

(82,849 posts)
6. Thank you for a little reality check
Fri Jun 27, 2014, 10:09 AM
Jun 2014

It's not just ordinary citizens "offering" counseling or literature to people they don't know, have never seen before, but about whom they've made a shitload of assumptions. They are where they are for a reason, and that reason is to harass and intimidate people.

As usual, of course, the Supreme Court exempts itself from the rules it will place on the citizens, and in the Moss decision from April, they have also exempted the President from being directly petitioned for redress. The Supremes seem to think they can divine the actions of peaceful protesters approaching the President or their august personages; but they feign total ignorance of what these mobs in front of medical clinics, mobs who have a history and propensity for lethal violence, are there for.

"Offering" "counseling" my sweet Aunt Fanny.

ljm2002

(10,751 posts)
9. Well I can see two flaws in the reasoning right off the bat...
Fri Jun 27, 2014, 11:37 AM
Jun 2014

...namely:

1 - although the plaintiff may indeed be calm and wait until the person indicates a willingness to engage in discussion, she is not typical of the clinic protesters -- including incidents that prompted the buffer law in the first place, which included one abortion provider who was slain

2 - although we do have laws protecting our right to free speech, there is NO -- I repeat, NO -- right to ENGAGE someone else in dialog. You can rant on your street-corner soapbox all day long, no problem: that's free speech. And I can walk right on by without giving you a second look: that's my freedom. But at the point that you and a crowd of your supporters start yelling at me, blocking my way, that sort of thing: that is not your freedom of speech.

Anyway, if the Supremes really had a principled position, they would have struck down Free Speech Zones in the same decision. Since they did not do so, I will continue to believe this is a piss-poor decision by all 9 judges. The so-called "liberals" who came to this decision are delusional if they think this was a nice neat free-speech issue. They gave no weight to the incidents of harassment that had prompted the law in the first place, even though they admitted in their decision that such incidents are relevant.

And to say this is a good decision because the zones affect only people on one side of the issue is a red herring. The issue is, do people have a right to seek medical attention without being harassed or forcibly "counseled". I say they do.

The decision stinks.

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