Free Speech

Case - 469 U.S. 1303

Parties: Catholic League, Southern California Chapter v. Feminist Women's Health Center, Inc.

Date: 1984-10-11

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Paragraph: 4 - Appellants contend, however, that as applied the California Constitution's provisions have the effect of denying them their rights to free speech, assembly, and exercise of religion protected by the First Amendment to the United States Constitution. I think that appellants' federal claims are insubstantial. Nothing in the order of the California Court prevents appellants from assembling for purposes of expressing their views with respect to abortion, or from holding a religious or other memorial service. Appellants would find in the First Amendment's Speech or Religion Clauses a right to hold their service as an incident to the actual burial of the fetuses. But the First Amendment does not entitle appellants to have the State enhance the impact of their speech by providing the subjects of a funeral service. The proper disposition of these fetuses is peculiarly a question governed by the law of the State of California.

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Preferred Terms:

  • (is not) burial of an aborted fetus

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Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/1980s/19841011.469.US.1303.xml&keyword1= speech protected speech&wordsBefore=&wordsAfter=#m1

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