The Supreme Court Just Made It Harder For Women To Exercise Their Right To Choose (Click here to read more)
By Tara Culp-Ressler June 26, 2014 at 10:30 am Updated: June 26, 2014 at 10:45 am
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The Supreme Court unanimously struck down Massachusetts' abortion buffer zone law on Thursday, ruling in favor of anti-choice protesters who argued that being required to stay 35 feet away from clinic entrances is a violation of their freedom of speech. The decision rolls back a proactive policy intended to safeguard women's access to reproductive health care in the face of persistent harassment and intimidation from abortion opponents.
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"By its very terms, the Act restricts access to 'public way[s]' and 'sidewalk[s],' places that have traditionally been open for speech activities and that the Court has accordingly labeled 'traditional public fora,' " the opinion states. "The buffer zones burden substantially more speech than necessary to achieve the Commonwealth's asserted interests."
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Reproductive rights advocates had been hoping the justices would uphold the policy, which they say has gone a long way to ensure that woman can safely enter abortion clinics. More than 30 pro-choice organizations filed an amicus brief urging the Supreme Court to rule in favor of Massachusetts' buffer zone, which was approved in response to a mass shooting at several of the state's abortion clinics.
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Buffer zones are not entirely unusual policies. There are already buffer zones around funerals and polling places. Ironically, the Supreme Court itself has a large buffer zone around it to prevent protesters from picketing on its 252-by-98-foot plaza, requiring demonstrations to take place on the sidewalk.
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