Madsen v. Women's Health Center, Inc.

129 L. Ed. 2d 593, 114 S. Ct. 2516, 8 Fla. L. Weekly Fed. S 426, 512 U.S. 753, 94 Daily Journal DAR 9272, 1994 U.S. LEXIS 5087, 62 U.S.L.W. 4686, 94 Cal. Daily Op. Serv. 5040
Supreme Court of the United States·Decided June 30, 1994·No. 93-880·Published·Cited by 773 cases

Opinions

[757]*757Chief Justice Rehnquist

delivered the opinion of the Court.

Petitioners challenge the constitutionality of an injunction entered by a Florida state court which prohibits antiabortion protesters from demonstrating in certain places and in various ways outside of a health clinic that performs abortions. We hold that the establishment of a 36-foot buffer zone on a public street from which demonstrators are excluded passes muster under the First Amendment, but that several other provisions of the injunction do not.

I

Respondents operate abortion clinics throughout central Florida. Petitioners and other groups and individuals are [758]*758engaged in activities near the site of one such clinic in Melbourne, Florida. They picketed and demonstrated where the public street gives access to the clinic. In September 1992, a Florida state court permanently enjoined petitioners from blocking or interfering with public access to the clinic, and from physically abusing persons entering or leaving the clinic. Six months later, respondents sought to broaden the injunction, complaining that access to the clinic was still impeded by petitioners’ activities and that such activities had also discouraged some potential patients from entering the clinic, and had deleterious physical effects on others. The trial court thereupon issued a broader injunction, which is challenged here.

The court found that, despite the initial injunction, protesters continued to impede access to the clinic by congregating on the paved portion of the street — Dixie Way — leading up to the clinic, and by marching in front of the clinic’s driveways. It found that as vehicles heading toward the clinic slowed to allow the protesters to move out of the way, “sidewalk counselors” would approach and attempt to give the vehicle’s occupants antiabortion literature. The number of people congregating varied from a handful to 400, and the noise varied from singing and chanting to the use of loudspeakers and bullhorns.

The protests, the court found, took their toll on the clinic’s patients. A clinic doctor testified that, as a result of having to run such a gauntlet to enter the clinic, the patients “manifested a higher level of anxiety and hypertension causing those patients to need a higher level of sedation to undergo the surgical procedures, thereby increasing the risk associated with such procedures.” App. 54. The noise produced by the protesters could be heard within the clinic, causing stress in the patients both during surgical procedures and while recuperating in the recovery rooms. And those patients who turned away because of the crowd to return at a [759]*759later date, the doctor testified, increased their health risks by reason of the delay.

Doctors and clinic workers, in turn, were not immune even in their homes. Petitioners picketed in front of clinic employees’ residences; shouted at passersby; rang the doorbells of neighbors and provided literature identifying the particular clinic employee as a “baby killer.” Occasionally, the protesters would confront minor children of clinic employees who were home alone.

This and similar testimony led the state court to conclude that its original injunction had proved insufficient “to protect the health, safety and rights of women in Brevard and Seminole County, Florida and surrounding counties seeking access to [medical and counseling] services.” Id., at 5. The state court therefore amended its prior order, enjoining a broader array of activities. The amended injunction prohibits petitioners1 from engaging in the following acts:

“(1) At all times on all days, from entering the premises and property of the Aware Woman Center for Choice [the Melbourne clinic]....
“(2) At all times on all days, from blocking, impeding, inhibiting, or in any other manner obstructing or interfering with access to, ingress into and egress from any building or parking lot of the Clinic.
“(3) At all times on all days, from congregating, picketing, patrolling, demonstrating or entering that portion of public right-of-way or private property within [36] feet of the property line of the Clinic____ An exception to the 36 foot buffer zone is the area immediately adjacent to the Clinic on the east.... The [petitioners]... must remain at least [5] feet from the Clinic’s east line. [760]*760Another exception to the 36 foot buffer zone relates to the record title owners of the property to the north and west of the Clinic. The prohibition against entry into the 36 foot buffer zones does not apply to such persons and their invitees. The other prohibitions contained herein do apply, if such owners and their invitees are acting in concert with the [petitioners]....
“(4) During the hours of 7:30 a.m. through noon, on Mondays through Saturdays, during surgical procedures and recovery periods, from singing, chanting, whistling, shouting, yelling, use of bullhorns, auto horns, sound amplification equipment or other sounds or images observable to or within earshot of the patients inside the Clinic.
“(5) At all times on all days, in an area within [300] feet of the Clinic, from physically approaching any person seeking the services of the Clinic unless such person indicates a desire to communicate by approaching or by inquiring of the [petitioners]. ...
“(6) At all times on all days, from approaching, congregating, picketing, patrolling, demonstrating or using bullhorns or other sound amplification equipment within [300] feet of the residence of any of the [respondents’] employees, staff, owners or agents, or blocking or attempting to block, barricade, or in any other manner, temporarily or otherwise, obstruct the entrances, exits or driveways of the residences of any of the [respondents’] employees, staff, owners or agents. The [petitioners] and those acting in concert with them are prohibited from inhibiting or impeding or attempting to impede, temporarily or otherwise, the free ingress or egress of persons to any street that provides the sole access to the street on which those residences are located.
“(7) At all times on all days, from physically abusing, grabbing, intimidating, harassing, touching, pushing, shoving, crowding or assaulting persons entering or [761]*761leaving, working at or using services at the [respondents’] Clinic or trying to gain access to, or leave, any of the homes of owners, staff or patients of the Clinic ....
“(8) At all times on all days, from harassing, intimidating or physically abusing, assaulting or threatening any present or former doctor, health care professional, or other staff member, employee or volunteer who assists in providing services at the [respondents’] Clinic.
“(9) At all times on all days, from encouraging, inciting, or securing other persons to commit any of the prohibited acts listed herein.” Operation Rescue v. Women’s Health Center, Inc., 626 So. 2d 664, 679-680 (Fla. 1993).

The Florida Supreme Court upheld the constitutionality of the trial court’s amended injunction. 626 So. 2d 664. That court recognized that the forum at issue, which consists of public streets, sidewalks, and rights-of-way, is a traditional public forum. Id., at 671, citing

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Madsen v. Women's Health Center, Inc., 129 L. Ed. 2d 593, 114 S. Ct. 2516, 8 Fla. L. Weekly Fed. S 426, 512 U.S. 753, 94 Daily Journal DAR 9272, 1994 U.S. LEXIS 5087, 62 U.S.L.W. 4686, 94 Cal. Daily Op. Serv. 5040 (U.S. 1994).

129 L. Ed. 2d 593 (Madsen v. Women's Health Center, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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