c. 1997 Religion News Service

WASHINGTON _ The U.S. Supreme Court ruled Wednesday (Feb. 19) that abortion protesters may be kept outside a 15-foot”bubble zone”protecting clinic entrances and driveways, but may approach clients and workers on public property outside the zone.

In a split opinion, the justices upheld two of three provisions in a federal judge’s order against abortion protesters in western New York. However, the justices struck down the idea of a 15-foot”floating bubble zone”around all people entering and leaving abortion clinics.

In the majority opinion, Chief Justice William Rehnquist wrote that the floating zones”burden more speech than is necessary to serve the relevant government interests.” The case, Schenck vs. Pro-Choice Network, began in 1990, when opponents of abortion organized a series of protests against clinics in Buffalo and Rochester. Abortion clinics asked local judges to clarify the limits on protest activities in front of the clinics.

U.S. District Judge Richard J. Arcara set several limits including:

_ Banning demonstrations within 15 feet of clinic entrances, parking lots, and driveways (a”fixed”bubble or buffer zone).

_ Banning protests within 15 feet”of any person or vehicle seeking access to or leaving”abortion clinics (a”floating”bubble zone).

_ Requiring protesters to”cease and desist”any communication or attempts to”counsel”potential clinic clients if the clients so requests.

In Wednesday’s ruling, the justices said the”fixed”bubble zone and the”cease and desist”provision were both constitutional.

The justices emphasized that”counselors remain free to espouse their message outside the 15-foot zone”and”the condition (set) on their freedom to espouse it within the zone is the result of their own previous harassment and intimidation of patients.” The ruling was split in several ways. The justices voted 8-1 to strike down the floating bubble zone, with only Justice Stephen G. Breyer dissenting. The decision to uphold the other two provisions of the injunction was on a 6-3 vote, with Breyer, and Justices John Paul Stevens, Sandra Day O’Connor, David H. Souter and Ruth Bader Ginsburg joining Rehnquist’s opinion. Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas voted against all of the clinic restrictions.

Both advocates and opponents of abortion claimed at least partial victory in the ruling.”This is a tremendous victory for free speech,”said Jay Sekulow, chief counsel for the American Center for Law and Justice. Sekulow argued on behalf of the protesters.”This decision clearly means that the First Amendment applies to the pro-life message and there is no longer an exception to the free speech clause when the issue deals with abortion,”Sekulow said.

In a statement, the National Abortion and Reproductive Rights Action League (NARAL) said the justices”largely reaffirmed the need for protection against anti-choice violence and harassment.”However, the advocacy group said it was disappointed that the floating zone was struck down. “The Court indicated that some of the anti-choice harassment, coercion, badgering and intimidation will be tolerated,”said NARAL President Kate Michelman, adding that it”did not shut the door entirely on judicial consideration of floating zones in future cases, if circumstances so warrant.” Michelman noted that the decision came on the heels of several recent incidents of violence at abortion clinics, including an arson at a Virginia clinic on Tuesday evening. “Women exercising their right to choose clearly need protection from those who oppose abortion,”she said.

However, John Whitehead, president of the Charlottesville, Va.-based Rutherford Institute, a religious legal group, said he believed the Supreme Court was correct to strike down the floating bubble zone.”Suppressing everyone’s fundamental rights in reaction to the unlawful acts of a few is never justified,”he said.

MJP END LAWTON