Parties: Schenck v. Pro-Choice Network
Date: 1997-02-19
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Paragraph: 50 - TThe most important holding in today's opinion is tucked away in the seeming detail of the "cease-and-desist'' discussion in the penultimate paragraph of analysis: There is no right to be free of unwelcome speech on the public streets while seeking entrance to or exit from abortion clinics.
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Paragraph: 62 - Thus, the Court's statements about what "the District Court was entitled to conclude'' are not only speculative (which is fatal enough) but positively contrary to the record of what the District Court did conclude-which was that permitting a few demonstrators within the buffer zone was perfectly acceptable, except when it would infringe the clinic employees' and patrons' right to be free of unwanted speech on public streets. In fact, the District Court expressly stated that if in the future it found that a complete ban on speech within the buffer zone were necessary, it would impose one.
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Paragraph: 29 - N231* "As a general matter, we have indicated that in public debate our own citizens must tolerate insulting, and even outrageous, speech in order to provide adequate breathing space to the freedoms protected by the First Amendment.'
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Paragraph: 50 - There is no right to be free of unwelcome speech on the public streets while seeking entrance to or exit from abortion clinics. Ante, at __-__. "As we said in Madsen [v.Women's Health Center, Inc., 512 U.S. 753, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994)], quoting from Boos v. Barry, 485 U.S. at 322, 108 S.Ct., at 1164, N230* [a]s a general matter, we have indicated that in public debate our own citizens must tolerate insulting, and even outrageous, speech in order to provide adequate breathing space to the freedoms protected by the First Amendment.'''
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Paragraph: 36 - Leafletting and commenting on matters of public concern are classic forms of speech that lie at the heart of the First Amendment, and speech in public areas is at its most protected on public sidewalks, a prototypical example of a traditional public forum. See, e.g., Boos v. Barry, 485 U.S. 312, 322, 108 S.Ct. 1157, 1164, 99 L.Ed.2d 333 (1988); United States v. Grace, 461 U.S. 171, 180, 103 S.Ct. 1702, 1708-1709, 75 L.Ed.2d 736 (1983). On the other hand, we have before us a record that shows physically abusive conduct, harassment of the police that hampered law enforcement, and the tendency of even peaceful conversations to devolve into aggressive and sometimes violent conduct. In some situations, a record of abusive conduct makes a prohibition on classic speech in limited parts of a public sidewalk permissible.
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