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.

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,300 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.



Request a quote or trial

Learn more about HeinOnline's Government, Politics, and Law Package