The Supreme Court has granted certiorari¬†in McCullen v. Coakley, a case out of Massachusetts involving a free speech challenge to a law that makes it a crime for speakers other than clinic “employees or agents…acting within the scope of their employment” “to enter or remain on a public way or sidewalk” within thirty-five feet of an entrance, exit, or driveway of a “reproductive health care facility.” The Court’s decision in Hill v. Colorado (2000) is also arguably in play. In Hill, the Court (6-3) upheld a Colorado statute making it unlawful for a person within 100 feet of an abortion clinic entrance to “knowingly approach” within 8 feet of another person, without that person’s consent, in order to pass leaflets, display signs, or engage in oral protests, education, or counseling of that person.

See this post and the linked amicus brief authored by our friend and CLR Forum former guest Kevin Walsh for argument about how the Court could strike down the Massachusetts law in McCullen without overturning (or even disturbing the core holding of) Hill.

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