Constitutional Law Keyed to Cohen
Madsen v. Women’s Health Center, Inc
The Petitioners protest abortion clinics run by Respondents. The Petitioners picketed and demonstrated where the public street gives access to the clinic. The Petitioners have been permanently enjoined by a Florida court from blocking or interfering with public access to the clinic and from physically abusing persons entering or leaving the clinic. Six months later, the Respondents sought to broaden the injunction, complaining that the Petitioners still impede potential patients. The trial court then issued a broader injunction, for which the Petitioners challenge as a violation of their First Amendment constitutional rights. The Amendment injunction prohibits the Petitioners from entering the premises of the Respondents, blocking or impeding access to the Respondents’ premises, from picketing and demonstrating or entering a portion of public right of way or private property within 36 feet of the property line of the Clinic, from causing excess noise from 7:30 am to noon Monda y thru Saturday when procedures and recovery periods occur, from physically approaching or causing noise within 300 feet of any of the Respondents’ employees homes, from harassing anyone trying to gain access Respondents’ clinic, from displaying certain objectionable images and from inciting others to commit any of these prohibited acts. Upon appeal the Florida Supreme Court upheld the constitutionality of the injunction, causing the Petitioners to appeal.
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