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Speak Out
Does an abortion-clinic law violate protesters’ free speech right?
By John Vettese, Student Voices staff writer
The debate over Roe v. Wade isn’t the only debate about abortion in the United States.
There’s also a question of free speech as it relates to the controversial issue. Protesters have a First Amendment right to publicly disagree with Roe, the landmark 1973 Supreme Court ruling that effectively made abortion legal. But how are these protesters speaking out? And could they be violating other people’s rights by doing so?
If there’s a Planned Parenthood office in your town, you might be familiar with these protesters. Often they say their piece in ways that are vociferous and emotional, but not physically obtrusive – they might sing hymns, pray or hold up signs. They might hand pamphlets to patients as they enter, saying things such as “Please don’t take your child’s life, let us help you.” Occasionally, however, they do more.
Earlier this year, the Associated Press reported that the Justice Department under President Barack Obama’s administration has filed more federal lawsuits against abortion protesters than it had under President George W. Bush. These include suits against:
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A Florida woman who blocked a car from entering a West Palm Beach, Fla., clinic.
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A Texas man who threw his body across the reception area in a San Antonio, Texas, clinic.
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A Pennsylvania man who posted on his website the names and addresses of doctors who perform abortions, urging his readers to kill them.
The federal government argues that the actions of these protesters violate the Freedom of Access to Clinic Entrances Act (or FACE Act), a 1994 law signed by President Bill Clinton. The law prohibits the use of physical force to intimidate or interfere with patients or doctors at reproductive health clinics. Specifically, it does not allow protesters to block clinic entrances, vandalize cars entering clinic driveways, threaten violence against clinic employees, escorts or patients, or actually carry out violence against them.
But the extent to which the law is enforced depends on who occupies the White House.
According to a National Public Radio report, the Justice Department has filed eight civil cases against abortion protesters since Obama took office. By comparison, it filed only one case under the Bush administration. And the Justice Department under Clinton filed 17 cases.
Troy Newman, head of the anti-abortion group Operation Rescue, told NPR that the Justice Department uses the clinic-access law as “a political tool to shut them up, shut them down and make them go away.” He said that it overstepped the federal government’s authority and restricted his group’s First Amendment freedoms.
But the Justice Department says that enforcing the clinic-access law is of equal importance, since it, too, is an issue of freedom. The Roe ruling found that the right to privacy under the due process clause of the 14th Amendment to the U.S. Constitution gives women the right to choose an abortion. In a press statement, Thomas Perez, assistant attorney general for the Justice Department’s civil rights division, said it “will continue to aggressively enforce the FACE Act against those who seek to violate the rights of their fellow Americans to safely provide or obtain [abortions].”
The trick is finding a balance that protects the First Amendment freedoms of the protesters and the 14th Amendment guarantees of the patients. This is something that both sides recognize. A spokeswoman for the Justice Department told NPR that it takes seriously its responsibility not to infringe upon First Amendment rights while Newman told NPR that he follows a simple rule as a protester.
“My rights and your rights end at where our nose begins. So in other words, I can swing my arms wildly on the street but as soon as I hit you in the nose, that’s a violation.”
What do you think?
Does the clinic-access law violate the First Amendment right of protesters? Should the Justice Department file lawsuits against those who violate the clinic-access law? How can it balance the 14th Amendment rights of patients with the First Amendment rights of the public to speak out? Join the discussion!
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