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13 St. Louis U. Pub. L. Rev. 221 (1993-1994)
Abortion Clinic Protest and the First Amendment

handle is hein.journals/stlpl13 and id is 227 raw text is: ABORTION CLINIC PROTEST AND THE FIRST AMENDMENT LAURENCE J. EISENSTEIN STEVEN SEMERARO* As the debate over abortion rights continues, those opposing abortion have taken to a wide range of confrontational behaviors at clinics providing abortion services. Going well beyond traditional picketing and lobbying, today's protestors confront patients and doc- tors with intimidating words, graphic photographs, and blockades of the clinic's doors. Fundamentally, however, they claim that their activity should be protected under the First Amendment, because they are simply expressing their opposition to abortion in a manner akin to the lunch counter sit-ins of the 1960s. This article analyzes the scope of First Amendment protection available to protestors and blockaders at clinics providing abortion services. While most courts have not hesitated to enjoin the most physical of the clinic activities, they have at times been unduly reti- cent in taking action to prevent the organizational activity and harass- ment in which a new breed of abortion protestors are engaged. Moreover, the analysis applied by the courts has been unsatisfying from the perspective of abortion protestors and women seeking abor- tion, as well as First Amendment scholars. This article articulates a method of First Amendment analysis * Mr. Eisenstein (Harvard University, B.A. (1982); Harvard Law School, J.D. (1985)) and Mr. Semeraro (Rutgers University, B.A. (1984); Stanford Law School, J.D. (1987)) are attorneys at the law firm of Covington & Burling in Washington, D.C. Since 1989 the authors have represented various organizations and clinics in civil lawsuits against Operation Rescue and related persons, and this article derives in part from work done in those cases. The authors gratefully acknowledge the advice and assistance of the numerous Covington & Burling attorneys and paralegals who have laid the groundwork for this article by their work through the years, and particularly thank Pragna Soni for her assistance. The authors also wish to thank the representatives of the clinics and organizations who have provided assistance over the years, including the National Organization for Women, the NOW Legal Defense & Education Fund, Planned Parenthood of Metropolitan Washington, the National Abortion Federation, and others too numer- ous to mention. We have benefited greatly from these contacts in ways that are surely reflected in this article. The ideas expressed here are those of the authors alone and may not be supported by those with whom we have worked.

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