McCullen v. Coakley
Holding
A Massachusetts law which makes it a crime to stand on a public road or sidewalk within thirty-five feet of a reproductive health care facility violates the First Amendment.
Judgment
Reversed and remanded, 9-0, in an opinion by John Roberts on Jun 26, 2014. Justice Scalia filed an opinion concurring in the judgment, in which Justice Kennedy and Thomas joined. Justice Alito also filed an opinion concurring in the judgment.
Issue: (1) Whether the First Circuit erred in upholding Massachusetts”s selective exclusion law ” which makes it a crime for speakers other than clinic “employees or agents . . . acting within the scope of their employment” to “enter or remain on a public way or sidewalk” within thirty-five feet of an entrance, exit, or driveway of “a reproductive health care facility” ” under the First and Fourteenth Amendments, on its face and as applied to petitioners; (2) whether, if”Hill v. Colorado permits enforcement of this law,”Hill“should be limited or overruled.
Recommended Citation: McCullen v. Coakley, SCOTUSblog, https://www.scotusblog.com/cases/mccullen-v-coakley/