U.S. Supreme Court Declines To Consider Challenge To Mass. Law Establishing Protest-Free Zones Around Abortion

The U.S. Supreme Court on Monday turned down an appeal from antiabortion-rights protesters to hear a challenge to a Massachusetts law that establishes a protest-free zone around abortion clinic entrances and driveways, the AP/Boston Globe reports. The court did not offer an explanation for its decision (AP/Boston Globe, 3/23).

The law, which was enacted in 2007, updated a 2000 statute that established a floating buffer zone, which critics said was too vague and difficult to enforce (BNA, 3/23). The 2007 law sets a fixed 35-foot buffer zone around any reproductive health care facility and bars 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 (Women's Health Policy Report, 7/10/09). At the time the law was passed, it was considered the strongest protest-free zone statute in the country, according to BNA. The lawsuit challenging the statute was brought in January 2008 against Massachusetts Attorney General Martha Coakley (D) by five antiabortion-rights protesters who say they regularly perform peaceful protests at clinics to provide women with information about abortion alternatives.

In July 2009, the U.S. Court of Appeals for the 1st Circuit ruled that the 2007 law does not infringe on protesters' free speech rights under the First and 14th Amendments. The appeals court said the law was "content-neutral, narrowly tailored and leaves open ample alternative channels of communication," which makes it a "valid time-place-manner regulation, and constitutional on its face." The appeals court ruling affirmed an August 2008 federal trial court decision to deny a request for an injunction against the law. The trial court said that the law had a "plainly legitimate sweep," was not "impermissibly overbroad," and did not violate the First Amendment, the equal protection clause or the due process clause.

After the Monday's Supreme Court decision, Massachusetts Attorney General Martha Coakley (D) issued a statement saying that the 2007 law "has enhanced public safety in a fair and constitutional manner" (AP/Boston Globe, 3/23).


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