Friday, March 17, 2006

Hill v. Colorado, 530 U.S. 703 (2000)

part of the assignment for wednesday's First Amendment class was to read Hill v. Colorado. this is a USSC case about a colorado ordinance drawn up to protect the rights of patients at abortion clinics. here are the relevant parts of the statute:

(1) The general assembly recognizes that access to health care facilities for the purpose of obtaining medical counseling and treatment is imperative for the citizens of this state; that the exercise of a person's right to protest or counsel against certain medical procedures must be balanced against another person's right to obtain medical counseling and treatment in an unobstructed manner; and that preventing the willful obstruction of a person's access to medical counseling and treatment at a health care facility is a matter of statewide concern. The general assembly therefore declares that it is appropriate to enact legislation that prohibits a person from knowingly obstructing another person's entry to or exit from a health care facility.

(2) A person commits a class 3 misdemeanor if such person knowingly obstructs, detains, hinders, impedes, or blocks another person's entry to or exit from a health care facility.

(3) No person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a health care facility.Any person who violates this subsection (3) commits a class 3 misdemeanor.

the statute was held to be constitutional by the supreme court.

here's why i'm posting about this... last semester, several of us (of the bloggers: krista, andrew, michael, me) took a class called "reproduction, sexuality, and the law", taught by an amazing adjunct professor, the woman who runs the women's law project in pittsburgh. i found out recently that she was largely responsible for drafting a pittsburgh ordinance that was modeled after the colorado statute at issue in Hill. and as the supremes held that to be a-okay with the first amendment, all looks good for things around here!


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