Saturday, December 7, 2013

Madsen v. Women’s Health Center, Inc. case brief

Madsen v. Women’s Health Center, Inc. case brief summary
512 U.S. 753 (1994)


CASE SYNOPSIS
Petitioners sought review of the judgment of the Florida Supreme Court upholding the constitutionality of the trial court's amended permanent injunction.

CASE FACTS
Petitioners, antiabortion protesters, challenged the constitutionality of an injunction entered by a Florida state court which prohibited them from demonstrating in certain places and in various ways outside of a health clinic that performed abortions.

DISCUSSION
  • On writ of certiorari, the Court upheld the noise restrictions and the buffer zone around the clinic entrances and driveway because they burdened no more speech than necessary to eliminate the unlawful conduct targeted by the state court's injunction. 
  • However, the Court struck down as unconstitutional the buffer zone as applied to private property to the north and west of the clinic, the images observable provision, the no-approach zone around the clinic, and the larger buffer zone around the residences because the provisions swept more broadly than necessary to accomplish the permissible goals of the injunction.
CONCLUSION
The Court affirmed the judgment of the state court in part and reversed it in part by upholding the noise restrictions and the buffer zone around the clinic entrances and driveway, and striking down the rest of the injunction.

Also see: Abortion legal definition - http://www.lawschoolcasebriefs.net/2014/04/abortion-legal-definition.html


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