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42 W. St. L. Rev. 343 (2014-2015)
McCullen v. Coakley

handle is hein.journals/wsulr42 and id is 365 raw text is: McCullen v. Coakley 134 S. Ct. 2518 (2014) Opinion by Roberts, J. OVERARCHING ISSUE Whether a local ordinance creating a buffer zone around an abortion clinic is in violation of the First Amendment of the United States Constitution, when the ordinance makes it a crime to knowingly stand within the buffer zone, but does not, on its face, regulate speech. STATEMENT OF FACTS In 2000, the Massachusetts Legislature enacted the Massachusetts Reproductive Health Care Facilities Act. I The law was enacted to address confrontations between opponents and advocates of abortion rights that occurred outside clinics.2 The statute was amended in 2007.3 As amended, the Act made it a crime to knowingly stand on a 'public way or sidewalk' within thirty feet of an entrance or driveway to any place, other than a hospital, where abortions are performed.4 The buffer zone applied only during business hours.5 Eleanor McCullen, and other Petitioners (Petitioners) attempted to engage women entering the clinics to offer information about alternatives to abortion.6 Petitioners claimed the buffer zones significantly impaired their ability to engage women in communication about the cons of abortion.7 In January 2008, Petitioners brought a suit against Attorney General Coakley and other Massachusetts officials.8 They alleged that the Act violated the First and Fourteenth Amendments, facially and as applied to them.9 The district court denied the Petitioners' facial challenge.10 The Court of Appeals for the First Circuit affirmed. I The court upheld the Act as a reasonable time, place, and manner regulation. '2 It also rejected the Petitioners' arguments that the Act was substantially overbroad, void for vagueness, and an impermissible prior restraint.'3 1. McCullen v. Coakley, 134 S. Ct. 2518, 2525 (2014). 2. Id. 3. Id. at 2526. 4. Id. at 2525. 5. Id. at 2526. 6. Id. at 2527. 7. McCullen, 134 S. Ct. 2518 at 2528. 8. Id. 9. Id. 10. Id. 11. Id. 12. Id. 13. McCullen, 134 S. Ct. 2518 at 2528.

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