Supreme Court to reconsider 'no-protest' zones at abortion clinics

March 18, 1996
Web posted at: 10:45 p.m. EST

From Correspondent Anthony Collings

WASHINGTON (CNN) -- On the same day that John Salvi was convicted of killing two employees of clinics where abortions were performed in Massachusetts, the U.S. Supreme Court agreed to take a look at laws protecting the facilities from harassment by anti-abortion demonstrators.

A lower court judge ruled that protesters in Buffalo, New York, were intimidating patients and staff. He ordered them to stay 15 feet away from the clinic, its employees and patients.

But the protesters said that keeping them 15 feet away violates their free speech.

"The price of freedom in America is that you're gonna hear things on public streets and sidewalks that you might disagree with," said Jay Sekulow, an attorney for the protesters. (77K AIFF sound or 77K WAV sound)

In a concession to the demonstrators, the judge did permit two protesters at a time to enter the no-protest zone to conduct "sidewalk counseling" -- trying to talk women out of abortions. But the "counselors" must leave if women tell them to.

In a concession to the clinics, the judge made the 15-foot "no protest" zone a floating one -- it expands to follow patients and staff as they enter or leave the clinic.

Advocates of the right to abortion want the Supreme Court to uphold the buffer zone.

"Women who are already under medical stress need to be protected against behavior that increases their medical risk, raises the threat of medical injury, and protects their right to privacy," said Kate Michelman of the National Abortion Rights Action League. (230K AIFF sound or 230K WAV sound)

Two years ago, the Supreme Court upheld a 36-foot no protest zone outside a clinic in Florida. That regulation had no exception for sidewalk counseling, and it did not float with staff and patients.

At the time of that ruling, both sides thought that issue of no-protest zones was settled. Until the court decides the Buffalo case -- sometime next year -- it still won't be clear where to draw the line between free speech and abortion rights.

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