Abortion Clinic Protest Zones Face Supreme Court Scrutiny

The Supreme Court might take a look at two cases that could potentially remove limits on how close protesters can get to people at abortion clinics and other healthcare facilities. These cases argue that the buffer zones around clinics and the bubble zones around individuals violate the First Amendment. Kristan Hawkins, the president of Students for Life of America, an anti-abortion group, believes that Americans should have the right to free speech without discrimination based on their viewpoints. Their organization has filed an amicus brief in one of these cases. On the other side, supporters of these zones see them as necessary measures. Melissa Fowler, from the National Abortion Federation, points out that since the overturning of Roe v. Wade, protesters have moved from states where clinics have closed to those where they remain open. Although laws like the federal Freedom of Access to Clinic Entrances (FACE) Act protect clinic entrances, patients and staff may still face intimidation. Buffer zones allow protesters to express their views while ensuring the safety and privacy of patients. One such case originates from Carbondale, a college town in southern Illinois that has become a crucial access point for abortion care in the South and Midwest. Following the overturning of Roe v. Wade, three abortion clinics opened in Carbondale. These new clinics also attracted abortion opponents. Even if the protesters aren’t aggressive, their presence can be stigmatizing or uncomfortable for patients, according to Jennifer Pepper, the president and CEO of Choices Center for Reproductive Health.In response to increased intimidation and interference from protesters, Carbondale passed an ordinance in January 2023 that created a 100-foot perimeter around healthcare facilities, where protesters couldn’t come within 8 feet of a person without consent. This ordinance was later challenged by Coalition Life, who filed a lawsuit claiming it was unconstitutional. Carbondale’s city council repealed the ordinance in July 2024, stating no one had been charged and existing laws were sufficient. However, Coalition Life is still pursuing their lawsuit and wants the Supreme Court to overturn the precedent set in Hill v. Colorado. In a similar case in New Jersey, an anti-abortion activist is challenging a buffer zone around a health care facility in Englewood. The activist describes the restricted areas as an “obstacle course” that restricts free speech. The mayor of Englewood supports the buffer zone, emphasizing the importance of balancing personal politics with the privacy and dignity of families making choices. David Cohen, a law professor, notes that courts have allowed certain restrictions on protests, such as on the steps of the Supreme Court or near voting booths. Justices might be cautious about taking up Carbondale’s case since the ordinance is no longer in effect and may be wary of abortion-related cases after their recent term. The Supreme Court hasn’t yet taken on an abortion-related case this term. They recently declined to hear an appeal from the Biden administration regarding emergency abortion care in Texas and a case involving in vitro fertilization in Alabama.