Know Your Rights as a Sidewalk Counselor
Many pro-lifers are unaware of precisely what their rights are to sidewalk counsel outside abortion facilities. Here we answer some of the most common questions about those rights:
- Is sidewalk counseling a constitutional right?
- What if somebody tells me to "shut up" or to go away?
- Does the FACE bill outlaw sidewalk counseling?
- What about the injunction in the NOW v. Scheidler case?
Is sidewalk counseling a constitutional right?
Yes. The First Amendment to the U. S. Constitution protecs the "freedom of speech."
The Supreme Court has repeatedly ruled that peaceful communication–such as spoken words, display of signs and leafleting–are all protected forms of free speech, especially in public places like sidewalks and parks.
[Back to Top]What if somebody tells me to "shut up" or to go away?
The right to free speech in public places does not depend upon the consent of the listeners. The Supreme Court has consistently ruled that speech cannot be censored simply because the speaker's message irritates or offends a listener.
In fact, the Supreme court has even mentioned the phrase, "Abortion is Murder," as an example of free speech. (Note: We don't recommend using that phrase as you approach an abortion-bound woman. It is intended to illustrate the extent of our rights.)
[Back to Top]Does the FACE bill outlaw sidewalk counseling?
No. The 1994 Freedom of Access to Clinic Entrances (FACE) Act does not prohibit sidewalk counseling.
FACE makes it a federal offense when someone "by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with" any person because that person is "obtaining or providing reproductive health services."
FACE specifically exempts "any expressive conduct (including peaceful picketing or other peaceful demonstration protected by the First Amendment." A sidewalk counselor who uses neither force, nor threats of force, nor physical obstruction, does not violate FACE.
[Back to Top]What about the injunction in the NOW v. Scheidler case?
As the result of the jury decision in NOW v. Scheidler Judge David Coar issued a nationwide injunction in 1999, limiting some activities at abortion clinics. However Paragraph 4 in Section V of Judge Coar's Opinion specifically protects the following conduct:
- Peacefully carrying picket signs on the public property in front of any Plaintiff Clinic; [1]
- Making speeches on public property;
- Speaking to individuals approaching the clinic;
- Handing out literature on public property; and
- Praying on public property.
[1] Plaintiff Clinic is any facility that provides abortions and did not specifically opt out of the class action lawsuit brought by the National Organization for Women against the Pro-Life Action League and Joseph Scheidler.
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