I want to focus primarily on that portion of the injunction that creates a 36-foot buffer zone in front of the abortion clinic.
Notice that the injunction is directed at certain named pro-life defendants as well as “all persons acting in concert or participation with” the named defendants. It then goes on to enjoin these individuals “at all times on all days” from “congregating, picketing, patrolling, demonstrating, or entering” within a 36-foot buffer zone in front of the abortion clinic.
This is a restriction on core First Amendment speech in a traditional public forum. Is it “content-neutral”?
The Court holds that it is content neutral – p. 1465. Justice Rehnquist claims that it is aimed not at those who speak certain things (pro-life views) but at those who did certain things (violate an earlier injunction by blocking driveway into abortion clinic).
Do you agree?
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