It is not unusual for right to life groups to protest abortion
clinics. But are there certain restrictions on where and how a person
can exercise their First Amendment Right of Free Speech?
Over 10 years ago, a doctor was gunned down in front of an abortion
clinic which reflected the rash of violence across the country against
doctors working in these types of clinics.
In response, in 1994, Congress passed the Freedom of Access to Clinic
Entrances Act known as "FACE" which makes it a federal
crime to engage in violent, threatening or obstructive acts toward clinic
employees and patients.
It also provides that you can’t block entrances to parking lots
or clinic doors.
It’s interesting to note that this law also provides the same
protections for places of religious worship.
What are the penalties for FACE violations?
There are no minimum sentences, and specific penalties are determined
by the judge or jury based on the severity of the offense and the prior
record of the suspect in similar cases.
- A first-time offender can receive a maximum one year jail sentence
and a $100,000 fine.
- Repeat offenders face up to three years in jail and a $250,000 fine.
- Offenders who cause physical injury face up to ten years in jail.
- Offenders who kill someone in violation of the FACE Act can receive
life in prison.
How do buffer zones work ? Do protesters have to keep a certain
distance from the doors of an abortion clinic?
Buffer zones can range from 30 feet to hundreds of feet. Basically,
protestors are not allowed within that zone.
But cities have to be careful to not be too restrictive in these city
ordinances.
Several city ordinances have been struck down based on a protestor’s
right to free speech.
Can you give us an example of a recent court victory in favor
of protestors?
A federal judge recently ruled against a law enacted by a city in Florida
that created a 20-foot buffer zone around clinics. Protestors could not
enter the zone.
In this case, the law was too restrictive, and it did not contain provisions
to allow protestors to speak to willing listeners or to hold their ground
when approached.
But the decisions are mixed and sometimes conflicting, so it comes down
to a case by case basis based on public safety and the constitutional
right to freedom of speech.
