Your Free Speech Rights as a Prolife Advocates

1. Your Free Speech Rights as a Prolife Advocates

2. Your Constitutional Rights • Free speech • Freedom to peaceably assemble • Freedom to exercise one’s religion • Freedom of press (including leafletting)

3. Free Speech Restrictions • Types of Fora • Non-Public Forum • Limited Public Forum • Designated Public Forum • Public Forum • Location of the Clinic • Criminal Laws • Sign ordinances • Permit Requirements • Obstruction Laws • Bubble Zones

4. Non-Public Forum: Definition: Any property not open to public speech activities. Non-Public Forum Test: Restrictions are constitutional if they are – • reasonable; and • viewpoint neutral

5. Limited Public Forum Definition: Forum created for a sole, specific purpose, and not generally open for speech Limited Public Forum Test: Restrictions are constitutional if they are • reasonable in light of the intended use of the forum, and • viewpoint neutral.

6. Designated Public Forum Definition: Property the State has opened for expressive activity by all or part of the public. Designated Public Forum Test: Restrictions must be • content-neutral, • narrowly tailored to serve a significant governmental interest, and • leave open alternative channels of communication

7. Example of Designated Public Forum A public college opens up its campus quad to free speech demonstrations but places the following limitations on speakers: • Cannot create a disturbance, • Cannot interfere with campus activities, • Cannot engage in religious worship or instruction. NO - Court struck the 3rd restriction because once the college created a forum, it could not limit expression to secular content.

8. Public Forum Traditional public forum: A place where the public generally has unconditional access and which has been held in trust for public use and has been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Examples : • Streets • Sidewalks * • Parks *Note: If forum is a sidewalk, it does not matter what public entity owns it.

9. Public Forum Public Forum Test: Government may impose reasonable restrictions on the time, place, or manner of protected speech, provided they are • content neutral, • narrowly tailored to serve a significant governmental interest, • leave open ample alternative channels of communication.

10. Public Forum: Content Neutrality • 1) The regulation must be justified without reference to content of the speech. Ctr. for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff D..., 533 F.3d 780 (9th Cir. 2008). ACLU v. City of Las Vegas, 466 F.3d 784 (9th Cir. 2006).

11. Public Forum: Narrowly Tailored 2) The regulation of speech must be narrowly tailored to achieve a significantgovernment interest • Narrowly tailored: Does the regulation prohibit more speech than necessary? Restrictions which disregard less restrictive and more precise means are not narrowly tailored ACLU v. City of Las Vegas, 466 F.3d 784, 797 (9th Cir. 2006) Project 80's v. Pocatello, 942 F.2d 635 (9th Cir. 1991). McIntyre v. Ohio Elections Comm'n, 514 U.S. 334 (1995).

12. Public Forum: Significant Governmental Interest 2) The regulation of speech must be narrowly tailored to achieve a significantgovernment interest • Significant government interest: • aesthetics, • public safety, • avoiding voter fraud, • ensuring access to clinics, • orderly flow of traffic, • protecting property rights, etc.

13. Public Forum: Alternatives 3)The regulation of speech must leave open ample alternative channels of communication “If an ordinance effectively prevents a speaker from reaching his intended audience, it fails to leave open ample alternative means of communication.” Edwards v. City of Coeur D'Alene (9th Cir. 2001).

14. Private Property There is no right to trespass on private property, not open to the public, to deliver message. But…California Law may treat privately owned property, open to the public, as a public forum.

15. Location of the Clinic • California Constitution provides protections for speakers in some ways broader than U.S. Constitution. • Under the California Constitution, the “public forum” analysis is whether the communicative activity is basically incompatible with the normal activity of a particular place at a particular time. • Time, Place and Manner” restrictions are tested the same under California law as under Federal law.

16. Criminal Laws • Federal Freedom of Access to Clinic Entrances Act(s) (FACE)-11 United States Code §248 • California FACE-California Penal Code §423.2 • Trespass-California Penal Code §602 • Obstructing passage to health care facility-California Penal Code §602.11 (a) • Interference with business activity-CPC §602.1 • Vandalism-California Penal Code §594

17. Federal Freedom of Access to Clinic Entrances Act (FACE) FACE Bans- • Intentional injury, intimidation, interference, or • attempts to injure by force, threat of force, or physical obstruction • persons who are, or have been “reproductive health service” providers, • or persons who wish to obtain “reproductive health services”

18. FACE-Criminal Penalties • First conviction: • Jail – 6 months - 1 year jail and/or • Fine – $10,000 - $15,000 • Second or subsequent conviction: • Jail – 18 months - 3 years jail and/or • Fine – $25,000 • If bodily injury results, not more than 10 yrs jail; • If death results, any term of years or life in jail.

19. California Freedom of Access to Clinic Entrances Act (FACE) • CA FACE Bans - • Intentional injury, intimidation or interference by force, threat of force, physical obstruction, or nonviolent physical obstruction to any person* • Because the person is a reproductive health services client, provider, or assistant • Attempts to intimidate a person from becoming or remaining a reproductive health services client, provider, or assistant • Intentional property damage*

20. CA FACE-Penalties & Remedies • First Conviction: • Jail – 6 months - 1 year and/or • Fine – $2,000 - $25,000 • Second or Subsequent Convictions: • Jail – 6 months - 1 year and/or • Fine – $5,000 - $50,000 • Civil remedies are also available and may be brought by the Attorney General or a city attorney. The statutory damages available under a civil action range from $1,000 to $25,000.

21. Other California Criminal Laws • Obstructing passage to health care facility – California Penal Code § 602.11 (a) • Trespass – California Penal Code § 602 • Interference with business activity – CPC §602.1 • Vandalism – California Penal Code § 594

22. Sign Ordinances • laws limiting size, type, and number of signs • mostly apply to commercial or election signs • cannot discriminate on basis of content

23. Permit Requirements When might I need a Permit? • Sole use of the sidewalk • Event in a park • Group of more than 50 people are participating at once • Use of sound amplification devices • But: Permit NOT required for single person to exercise free speech rights

24. Obstruction and Loitering Laws • CAUTION: Be aware of obstruction and anti-loitering laws whenever engaged in activities on public property. • Cities have a significant interest in maintaining free flow of traffic (pedestrian or motor). • Look out for ordinances that give sole discretion to police to decide what constitutes a violation. • Harassment and threats of arrest are common.

25. Bubble Zone Laws • What is a Bubble Law - State statutes and local ordinances that prohibit speech activities within so many feet of abortion clinics. • First arose in Colorado; now exist in Massachusetts, Oakland, San Francisco, Chicago, Pittsburg, and other cities.

26. Bubble Zone Laws • The general rule applied to all speech restrictions should be applied to bubble/buffer zones. Bay Area Peace Navy v. United States, 914 F.2d 1224 (9thCir. 1990). • However, bubble zones around abortion clinics are consistently upheld against constitutional challenge, as in Hill v. Colorado, 530 U.S. 703 (2000).

27. How to find state & local laws • Google search for “city” municipal code or “state” criminal code • www.law.cornell.edu/states • Public peace, miscellaneous, public welfare, crimes against property • Access to clinic • Reproductive health care facility

28. Monitoring bubble laws Where to watch • City council agenda items • Local newspaper articles, Letters to the editor • Pro-choice websites, email lists • State Attorney General and Legislature websites What to do • Call Pro-life law group • Attend City council meetings • Document, document, document

29. Tips to protect & defend yourself • Bring a friend with you • Take pictures, video, carry a recording device* • Document the activities of the escorts and clinic workers • Keep a journal or log with dates, names, and details • If you have questions about what conduct is permissible….call an attorney

30. Conversing with Law Enforcement • Be polite and courteous • Try to accommodate reasonable requests • Call an attorney if the conflict does not get resolved or you feel threatened/intimidated or harassed

31. Never forget what you’re fighting for… Questions, Comments, Concerns?

32. Your Free Speech Rights as a Prolife Advocates