Essays on Our Times
abortion clinic protestors, freedom of speech, Madsen v. Women's Health Center Inc., demonstrators
With the passage of the Freedom of Access to Clinic Entrances Act (F.A.C.E.), and the Supreme Court’s decision in NOW v. Scheidler, pro-life activists who engage in civil disobedience will suffer far greater legal disabilities than have been placed upon other protest movements in American history. But following Madsen, pro-life demonstrators can now take advantage of protections not previously articulated by the Court. So long as they do not engage in repetitive illegalities, pro-life demonstrators can count on strong First Amendment guarantees.
David F. Forte, Bad News, Good News for the First Amendment, in Supreme Court Review of the 1993-94 Term, Essays on Our Times no. 31 (Free Congress Research and Education Foundation, March 1995)