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Constitutional Law Keyed to Farber
McCullen v. Coakley
Citation:
573 U.S. 464 (2014)Facts
A Massachusetts statute makes it a crime to knowingly stand on a public way or sidewalk within 35 feet of an entrance or driveway to any place, other than a hospital, where abortions are performed. Petitioners are individuals who approach and talk to women outside such facilities, attempting to dissuade them from having abortions. The statute prevents petitioners from doing so near the facilities’ entrances. Petitioners contend that the Act is not content neutral because it discriminates against abortion-related speech because it establishes buffer zones only at clinics that perform abortions and the Act, by exempting clinic employees and agents, favors one viewpoint about abortion over the other. The petitioner argued that the buffer zones have considerably hampered their counseling efforts and that the statute violates the First Amendment.
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Topic:
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Topic Resources
Topic Outline
First AmendmentTopic Refresher Course
Introduction to Freedom SpeechTopic Charts & Notes
First Amendment Chart