Legal protection of access to abortion
Encyclopedia
Governments sometimes take measures designed to afford legal protection of access to abortion. Such legislation often seeks to guard facilities
which provide induced abortion
against obstruction
, vandalism
, picketing, and other actions, or to protect patients and employees of such facilities from threats and harassment
.
Another form such legislation sometimes takes is in the creation of a perimeter around a facility, known variously as a "buffer zone", "bubble zone", or "access zone". This area is intended to limit how close to these facilities demonstration by those who oppose abortion
can approach. Protests and other displays are restricted to a certain distance from the building, which varies depending upon the law, or are prohibited altogether. Similar zones have also been created to protect the homes of abortion providers and clinic staff.
Bubble zone laws are divided into "fixed" and "floating" categories. Fixed bubble zone laws apply to the static area around the facility itself, and floating laws to objects in transit, such as people or car
s.
, but in 2005, the Australian Democrats
proposed a law to create buffer zones around clinics in the state of Victoria.
. One of the country's provinces and territories
has passed a law intended to protect medical facilities that provide induced abortion:
Access zone legislation has also been passed at the level of local government
in Canada:
level in the United States
, the Freedom of Access to Clinic Entrances Act
(FACE), makes it an offense to use intimidation or physical force such as forming a blockade in order to prevent a person from entering a facility which provides reproductive health
care or a place of worship
. The law also creates specific penalties for destroying, or causing damage to, either of these types of building.
California
, New York
, and Washington have each established their own version of FACE. Other state
s have instituted several different kinds of measures designed to protect clinics, their employees, and patients:
In the February 2003 case, Scheidler v. National Organization for Women, the Supreme Court of the United States ruled that pro-life activists could not be prosecuted under the Racketeer Influenced and Corrupt Organizations Act
(RICO), a law drafted to counter organized crime
, or the Hobbs Act
, a law intended to address economic damages caused by extortion
. The Court reaffirmed this holding on February 28, 2006 in a unanimous decision, although only 8 Justices participated in the ruling, because Samuel Alito
had not yet been confirmed.
s have passed "buffer zone" legislation, which can create either a "fixed" area around a medical facility or a "floating" area around patients and staff:
Several local government
s in the United State have, at some time, also passed similar municipal
ordinance
s:
of a clinic's entrance, to protect the safety of patients and staff, and to ensure that clients do not feel intimidated, distressed, or harassed by the presence of pro-life
activists. Some pro-choice activists have also argued that anyone convicted of anti-abortion violence should be permanently banned from protesting outside abortion clinics. Professor Jacob M. Appel
of New York University has argued that "[m]uch as we do not permit convicted pedophiles to teach kindergarten or convicted hijackers to board airplanes, common sense dictates that individuals who have been imprisoned for plotting violence against abortion clinics should never again be permitted anywhere near such facilities.".
Those who oppose the creation of such legislation contend that "bubble zones", by limiting the ability to protest peacefully, represent an infringement upon their rights to freedom of expression
and freedom of assembly
.
Abortion clinic
An abortion clinic is a medical facility that primarily performs or specializes in abortions. Such clinics may be public medical centers or private medical practices.-Canada:*There were 197 abortion providers in Canada in 2001....
which provide induced abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
against obstruction
Blockade
A blockade is an effort to cut off food, supplies, war material or communications from a particular area by force, either in part or totally. A blockade should not be confused with an embargo or sanctions, which are legal barriers to trade, and is distinct from a siege in that a blockade is usually...
, vandalism
Vandalism
Vandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
, picketing, and other actions, or to protect patients and employees of such facilities from threats and harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
.
Another form such legislation sometimes takes is in the creation of a perimeter around a facility, known variously as a "buffer zone", "bubble zone", or "access zone". This area is intended to limit how close to these facilities demonstration by those who oppose abortion
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
can approach. Protests and other displays are restricted to a certain distance from the building, which varies depending upon the law, or are prohibited altogether. Similar zones have also been created to protect the homes of abortion providers and clinic staff.
Bubble zone laws are divided into "fixed" and "floating" categories. Fixed bubble zone laws apply to the static area around the facility itself, and floating laws to objects in transit, such as people or car
Čar
Čar is a village in the municipality of Bujanovac, Serbia. According to the 2002 census, the town has a population of 296 people.-References:...
s.
Laws in Australia
Currently, there is no buffer zone legislation in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, but in 2005, the Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
proposed a law to create buffer zones around clinics in the state of Victoria.
Laws in Canada
One country in which "buffer zone" laws have been enacted is CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. One of the country's provinces and territories
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
has passed a law intended to protect medical facilities that provide induced abortion:
- British ColumbiaBritish ColumbiaBritish Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
: 10 metreMetreThe metre , symbol m, is the base unit of length in the International System of Units . Originally intended to be one ten-millionth of the distance from the Earth's equator to the North Pole , its definition has been periodically refined to reflect growing knowledge of metrology...
fixed buffer zone around a doctor's office, 50 metre fixed buffer zone around a hospital or clinic, and 160 metre fixed buffer zone around an abortion provider or clinic worker's home. The Access to Abortion Services ActAccess to Abortion Services ActThe Access to Abortion Services Act is a law in the Canadian province of British Columbia. Enacted in September 1995, it protects access to abortion services by limiting demonstrations outside of abortion clinics, doctor's offices, and doctor's homes...
, enacted in 1995, refers to this area as an "access zone". It prohibits protestProtestA protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...
ing, sidewalk counselingSidewalk counselingSidewalk counseling is a form of pro-life activism which is conducted outside of abortion clinics. Activists seek to communicate with those entering the building, or with passersby in general, in an effort to persuade them not to have an abortion or to reconsider their position on the morality of...
, intimidationIntimidationIntimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...
of or physical interference with abortion providers or their patients inside of this space. The provisions against protesting and sidewalk counselling were repealed on January 23, 1996, as violating the Canadian CharterCanadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, but were both restored in October of the same year.
Access zone legislation has also been passed at the level of local government
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
in Canada:
- Calgary, Alberta: fixed buffer zone which requires protesters to remain across the street from a clinic in KensingtonKensington, CalgaryKensington is a Business Revitalization Zone in Calgary, Alberta, focused around the intersection of Kensington Road and 10th St. NW, also known as the Kensington-Louise Crossing Business Association. It resides primarily in the Hillhurst and Sunnyside neighbourhood, and successful marketing has...
. Established in 1991, the injunction also limits the number of pro-life demonstrators who carry signs, or prayPrayPray may refer to:* Prayer, an active effort to communicate with a deity or spiritIt may also refer to:-Places:Italy* Pray, Piedmont, a comune in the Province of BiellaUnited States* Pray, Wisconsin, an unincorporated community-People:...
. It was first challenged by Michael O'Malley of Campaign Life CoalitionCampaign Life CoalitionThe Campaign Life Coalition is a Canadian conservative Christian pro-life group. It is based in Toronto, Ontario...
in 1997, and again in 2000, but a judge upheld it both times. - Toronto, Ontario: 500 feet fixed buffer zone around doctors' homes, 25 feet (7.6 m) fixed buffer zone around doctors' offices, 60 feet (18.3 m) fixed buffer zone around two clinics in the CabbagetownCabbagetown, TorontoCabbagetown is a neighbourhood located on the east side of downtown Toronto, Ontario, Canada. It comprises "the largest continuous area of preserved Victorian housing in all of North America", according to the Cabbagetown Preservation Association....
and Scott districts, 30 feet (9.1 m) fixed buffer zone around another clinic, and 10 feet (3 m) floating buffer zone around patients and staff. The injunction was granted on August 30, 1994.
Laws in South Africa
The Choice on Termination of Pregnancy Act prohibits anyone from "preventing the lawful termination of a pregnancy" or "obstructing access to a facility for the termination of a pregnancy", imposing a penalty of up to ten years' imprisonment.Laws in the United States
At the federalFederal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
level in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Freedom of Access to Clinic Entrances Act
Freedom of Access to Clinic Entrances Act
The Freedom of Access to Clinic Entrances Act is a United States law that was signed by President Bill Clinton in May of 1994, which prohibits the following three things: the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere...
(FACE), makes it an offense to use intimidation or physical force such as forming a blockade in order to prevent a person from entering a facility which provides reproductive health
Reproductive health
Within the framework of the World Health Organization's definition of health as a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity, reproductive health, or sexual health/hygiene, addresses the reproductive processes, functions and system...
care or a place of worship
Place of worship
A place of worship or house of worship is an establishment or her location where a group of people comes to perform acts of religious study, honor, or devotion. The form and function of religious architecture has evolved over thousands of years for both changing beliefs and architectural style...
. The law also creates specific penalties for destroying, or causing damage to, either of these types of building.
California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, and Washington have each established their own version of FACE. Other state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s have instituted several different kinds of measures designed to protect clinics, their employees, and patients:
- 11 states make it illegal to obstructObstructionObstruction may refer to:* Obstruction theory, in mathematics* Obstruction of justice, the crime of interfering with law enforcement* Obstructing government administration* Propagation path obstruction** Single Vegetative Obstruction Model-Medical:...
the entrance to a clinic: California, KansasKansasKansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, MaineMaineMaine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, MarylandMarylandMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, MinnesotaMinnesotaMinnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, MontanaMontanaMontana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, NevadaNevadaNevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, New York, North CarolinaNorth CarolinaNorth Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and Washington. - Six states prohibit making threats toward a clinic's staff or patients: California, MichiganMichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, New York, North Carolina, Washington, and WisconsinWisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. Two states, Maine and Washington, also ban harassment by telephone. - Four states ban property damageProperty damageProperty damage is damage to or the destruction of public or private property, caused either by a person who is not its owner or by natural phenomena. Property damage caused by persons is generally categorized by its cause: neglect , and intentional damage...
to a clinic: California, Oregon, New York, and Washington. - One state, Maine, has enacted a noise regulationNoise regulationNoise regulation includes statutes or guidelines relating to sound transmission established by national, state or provincial and municipal levels of government. After the watershed passage of the United States Noise Control Act of 1972, other local and state governments passed further regulations...
pertaining to activity outside of a clinic, and also made it an offense to intentionally release a substance with an unpleasant odourOdorAn odor or odour is caused by one or more volatilized chemical compounds, generally at a very low concentration, that humans or other animals perceive by the sense of olfaction. Odors are also commonly called scents, which can refer to both pleasant and unpleasant odors...
inside of it. - One state, North Carolina, prohibits weapon possession during a demonstration outside of a clinic.
In the February 2003 case, Scheidler v. National Organization for Women, the Supreme Court of the United States ruled that pro-life activists could not be prosecuted under the Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO), a law drafted to counter organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
, or the Hobbs Act
Hobbs Act
The Hobbs Act, named after Congressman Sam Hobbs and codified at , is a U.S. federal law that prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy...
, a law intended to address economic damages caused by extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
. The Court reaffirmed this holding on February 28, 2006 in a unanimous decision, although only 8 Justices participated in the ruling, because Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
had not yet been confirmed.
"Buffer zone" laws
In the United States, three U.S. stateU.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s have passed "buffer zone" legislation, which can create either a "fixed" area around a medical facility or a "floating" area around patients and staff:
- ColoradoColoradoColorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
: 100 feet fixed and eight feet floating. After being enacted in 1993, the "floating" provision was first challenged in 1995, when three pro-life activists suggested that it violated their right to freedom of speechFreedom of speechFreedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
. Although upheld in a trial courtTrial courtA trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
and by the state's appeals courtAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
, the Supreme Court of Colorado would not hear the case, so the petitioners took their case against Colorado's floating buffer law to the Supreme Court of the United StatesSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. In February 1997, considering its ruling against a floating buffer zone in the case Schenck v. Pro-Choice Network of Western New YorkSchenck v. Pro-Choice Network of Western New YorkSchenck v. Pro-Choice Network of Western New York, 519 U.S. 357 , was a case heard before the United States Supreme Court. It ruled in an 8-1 decision that speech-free "buffer zones" around abortion clinics were constitutional...
, the Supreme Court requested that the appeals court of Colorado re-examine their state's law. It was upheld again, and in February 1999, the Supreme Court of Colorado agreed with the holdings of the lower court. In the 2000 case Hill v. Colorado, the "floating" provision was again appealed before the federal Supreme Court, where it was upheld 6-3. - MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
: 35 feet fixed buffer zone enacted in 2007. Massachusetts Attorney General Martha CoakleyMartha CoakleyMartha Mary Coakley is the Attorney General of the Commonwealth of Massachusetts. Prior to serving as Attorney General, she was District Attorney of Middlesex County, Massachusetts from 1999 to 2007....
’s Office defended the constitutionality of the statute in the federal court proceedings. In May 2007, Attorney General Coakley testified before the Legislature in support of the passage of the legislation. The buffer zone law was signed by Governor Deval Patrick and took effect on November 13, 2007. Attorney General Coakley successfully defended the statute before the U.S. Court of Appeals for the First Circuit, which affirmed the constitutionality of the Commonwealth's buffer zone law on July 8, 2009. The 2007 law changed the 2000 law, which provided for an 18 feet fixed buffer zone and six feet floating buffer zone. Enacted on November 10, 2000, this law was struck down by U.S. district judge Edward Harrington soon afterward because he felt there was an unacceptable discrepancy in the floating buffer zone being applied to pro-life protesters but exempted from clinic workers. The law was restored in August 2001 by a federal appeals court. - MontanaMontanaMontana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
: 36 feet (11 m) fixed buffer zone and eight feet floating buffer zone.
Several local government
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
s in the United State have, at some time, also passed similar municipal
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
s:
- BuffaloBuffalo, New YorkBuffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
and Rochester, New YorkRochester, New YorkRochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
: 15 feet fixed and 15 feet (4.6 m) floating around four clinics in two cities. The buffer zone resulted from an injunctionInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
issued by the U.S. district courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
in response to a federal lawsuitLawsuitA lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed against 50 individuals and three pro-life organizations, including Operation RescueOperation RescueOperation Rescue is a pro-life organization which originated in California and is now based in Kansas....
, by three doctors and four clinics. The law was challenged in the 1997 case court caseLegal caseA legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
, Schenck v. Pro-Choice Network of Western New YorkSchenck v. Pro-Choice Network of Western New YorkSchenck v. Pro-Choice Network of Western New York, 519 U.S. 357 , was a case heard before the United States Supreme Court. It ruled in an 8-1 decision that speech-free "buffer zones" around abortion clinics were constitutional...
, by pro-life activist Paul SchenckPaul SchenckPaul Chaim Benedicta Schenck is an ordained Catholic priest who is a pro-life activist along with his twin brother, Robert Schenck...
. The case came before the Supreme CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, where Justices, in considering Madsen v. Women’s Health Center, ruled 8-1 to uphold the constitutionality of the fixed buffer zone, but not that of a floating buffer zone. - Melbourne, FloridaMelbourne, FloridaMelbourne is a city in Brevard County, Florida, United States. As of 2009, the population estimated by the U.S. Census Bureau is 78,323. The municipal area is the second largest by size and by population in the county. Melbourne is a principal city of the Palm Bay – Melbourne – Titusville, Florida...
: 36 feet fixed buffer zone around a clinic, 300 feet (91.4 m) floating buffer zone around patients, and 300 feet (91.4 m) buffer zone around the homes of the clinic's employees. The injunction also regulated noise levels outside of the clinic and prevented demonstrators from displaying images which could be seen from inside. It was upheld in full by the Supreme Court of Florida but came before the federal Supreme Court in Madsen v. Women’s Health Center in 1994. The Court upheld the fixed buffer zone, and the noise regulation around clinics and in residential areas, but rejected the floating buffer zone, residential buffer zone, and prohibition against displaying images. - Pittsburgh, PennsylvaniaPittsburgh, PennsylvaniaPittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
: 15 feet fixed buffer zone and eight feet floating buffer zone. The statute was approved by the Pittsburgh City Council in December 2005. In 2009 a three judge appeals court panel found in Brown v. Pittsburgh that while either a fixed buffer or a floating buffer alone is constitutional, this combination of buffers is "insufficiently narrowly tailored," and thus unconstitutional. - Vallejo, CaliforniaVallejo, CaliforniaVallejo is the largest city in Solano County, California, United States. The population was 115,942 at the 2010 census. It is located in the San Francisco Bay Area on the northeastern shore of San Pablo Bay...
: fixed buffer zone which requires protesters to remain across the street from a clinic enacted in 1991. After the Supreme Court of CaliforniaSupreme Court of CaliforniaThe Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
upheld the injunction, the case was taken to the federal Supreme Court in October 1994, but was remanded to the state court due to the recent Madsen v. Women's Health Center decision. The California Supreme Court again upheld the buffer zone in July 1995. On March 17, 1997 the case reached the federal Supreme Court as Williams v. Planned Parenthood Shasta-Diablo, and Justices voted 6-3 to uphold the buffer zone. - West Palm Beach, FloridaWest Palm Beach, FloridaWest Palm Beach, is a city located on the Atlantic coast in southeastern Florida and is the most populous city in and county seat of Palm Beach County, the third most populous county in Florida with a 2010 population of 1,320,134. The city is also the oldest incorporated municipality in South Florida...
: 20 feet buffer zone and noise ordinanceNoise regulationNoise regulation includes statutes or guidelines relating to sound transmission established by national, state or provincial and municipal levels of government. After the watershed passage of the United States Noise Control Act of 1972, other local and state governments passed further regulations...
approved in September 2005. U.S. District JudgeUnited States federal judgeIn the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
Donald Middlebrooks found the law to be an infringement of the right to free speech on April 11, 2006, and ordered that it be enjoined, but upheld the regulation against excessive noise. - Chicago, Illinois: 8 foot floating buffer zone within 50 feet of clinic entrance enacted in November 2009.
Debate
Supporters of such laws claim that these zones are necessary to ensure that women have access to abortion. They argue that a buffer zone helps to prevent blockadingBlockade
A blockade is an effort to cut off food, supplies, war material or communications from a particular area by force, either in part or totally. A blockade should not be confused with an embargo or sanctions, which are legal barriers to trade, and is distinct from a siege in that a blockade is usually...
of a clinic's entrance, to protect the safety of patients and staff, and to ensure that clients do not feel intimidated, distressed, or harassed by the presence of pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
activists. Some pro-choice activists have also argued that anyone convicted of anti-abortion violence should be permanently banned from protesting outside abortion clinics. Professor Jacob M. Appel
Jacob M. Appel
Jacob M. Appel is an American author, bioethicist and social critic. He is best known for his short stories, his work as a playwright, and his writing in the fields of reproductive ethics, organ donation, neuroethics and euthanasia....
of New York University has argued that "[m]uch as we do not permit convicted pedophiles to teach kindergarten or convicted hijackers to board airplanes, common sense dictates that individuals who have been imprisoned for plotting violence against abortion clinics should never again be permitted anywhere near such facilities.".
Those who oppose the creation of such legislation contend that "bubble zones", by limiting the ability to protest peacefully, represent an infringement upon their rights to freedom of expression
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
.
See also
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Pro-choice Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy.... Pro-life Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction... Scheidler v. National Organization for Women, Inc. NOW v. Scheidler, 547 U.S. 9 , was a lengthy and high-profile U.S. legal case interpreting and applying the federal Racketeer Influenced and Corrupt Organizations Act : a law originally drafted to combat the mafia and organized crime, the Hobbs Act: an anti-extortion law prohibiting interference... Schenck v. Pro-Choice Network of Western New York Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 , was a case heard before the United States Supreme Court. It ruled in an 8-1 decision that speech-free "buffer zones" around abortion clinics were constitutional... Sidewalk counseling Sidewalk counseling is a form of pro-life activism which is conducted outside of abortion clinics. Activists seek to communicate with those entering the building, or with passersby in general, in an effort to persuade them not to have an abortion or to reconsider their position on the morality of... |