Appeals Court Upholds Massachusetts Law Establishing Protest-Free Zone Around Abortion Clinics

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 13 Jul 2009 - 3:00 PDT

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The U.S. Court of Appeals for the 1st Circuit on Wednesday ruled that a 2007 Massachusetts law requiring antiabortion-rights protesters to stay at least 35 feet away from clinic entrances does not infringe on their free speech rights, the Boston Globe reports. The law updated a 2000 statute that established a floating buffer zone, which police and clinics said was difficult to enforce. The 2007 law set a fixed 35-foot buffer zone around any reproductive health care facility and barred anyone from entering or remaining in the zone unless they work at the clinic; are entering or leaving the facility; are public safety or other municipal officials; or are walking by. Five abortion-rights opponents filed the lawsuit in January 2008. U.S. District Judge Joseph Tauro rejected their claims in August 2008, ruling that the law did not regulate speech -- only the location where the speech could occur -- and that it was drafted in response to safety and law enforcement concerns. The protesters appealed the ruling.

The appeals court said that the 2007 law responded to "repeated incidents involving violence and other unduly aggressive behaviors in the vicinity of reproductive health care facilities" and "represents a permissible response by the Massachusetts Legislature to what it reasonably perceived as a significant threat to public safety." The court also said that the law was "content-neutral," as it applies to all protesters regardless of their viewpoints. According to the court, the plaintiffs argued in their appeal that the law had a "content-neutral patina" masking a "more sinister reality" that the Legislature's true motive was to curb abortion-rights opponents' speech.

Massachusetts Attorney General Martha Coakley (D) in a statement said that she was "pleased that the 1st Circuit has upheld this important law, which enhances public safety and access to medical facilities, while preserving the right to engage in expressive activity on public ways and sidewalks near clinics." Tim Chandler, legal counsel for the Alliance Defense Fund, which helped represent the plaintiffs, said abortion-rights opponents "shouldn't be penalized for expressing their beliefs." He added that the fund and its supporters were evaluating the "next legal step" (Finucane, Boston Globe, 7/10).

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