Upon hearing the news that the Supreme Court struck down the Massachusetts law that provided a 35 foot buffer zone prohibiting anti-abortion protesters from harassing patients entering medical facilities that provide abortions, many of us were livid. The decision was unanimous. With at least three highly progressive judges on the Supreme Court, a unanimous ruling on an issue of this magnitude could only indicate that the law was flawed, regardless if it was effective at preventing harassment of women entering medical facilities that performed abortion. If the Massachusetts law was flawed, the Supreme Court ruling was flawed for sure and arguably seemed to assure an audience for abortion opponents.

Credit: http://www.deseretnews.com/article/765645527/High-court-case-abortion-clinic-protest-free-zone.html?pg=all Steven Senne, Associated Press
In an interview with NPR, the lead plaintiff in the case, Eleanor McCullen, stated, “I should be able to walk and talk gently, lovingly, anywhere with anybody.” Often described as mild-mannered and pleasant, McCullen has made the same or similar statements in other interviews without a single reporter challenging the truth of her comment or the actual intent of her activities. It is as if her grandmotherly disposition and pronounced religiosity render her words as indisputable.
The ruling is final. The justices did not consider the rights of women to get abortions without acrimonious protesters. They considered only free speech on public streets and sidewalks. The 35 feet of the zone was an issue in part. That may seem like a lot of space to some. However, as one man shared in an essay on Time.com, if you are the already traumatized couple going to an appointment to abort a wanted pregnancy, 35 feet is not large enough. Nor is it large enough for any other woman trying to access abortion without interference. Would 20 feet have been small enough? Five? Why are zones around the Supreme Court and other agencies valid but those to protect women seeking abortions are not? After all, the history of violence against abortion facilities is recent and significant to safety concerns.
Perhaps Martha Coakley, the Massachusetts Attorney General defending the buffer zone, could have concomitantly pursued a case against McCullen and Company concerning their interference with the right of women to privately receive constitutionally protected abortions. If that was ever a possibility, Coakley would have had difficulty finding a plaintiff willing to be at risk for violence or public scorn from anti-choice zealots.
A Boston Globe article about the Supreme Court decision quoted Suffolk University Law School Professor Jessica Silbey, “They’ve [Supreme Court] approved the idea of this kind of law, just not the mechanism […] It was too broad.” Is Silbey correct? The article also quoted legislators and other leaders; clearly, great effort will be made to respond to the decision quickly, effectively, and, hopefully, with a solid legal foundation. We have no choice but to accept that legal authorities will keep their promises and assurances and that the pro-choice community will hold them accountable to doing so.
All of us want free speech protected. But this is where so many of us feel anger and frustration. Sweet, grandmotherly Eleanor McMullen is a liar, as are all other anti-abortion zealots involved in the case. Those who spend their time hanging out at medical facilities at which abortion is provided are not known for talking or walking “gently” and “lovingly.” Deeming themselves “sidewalk counselors” they are known for talking and walking judgmentally with hostility and hurling epithets or accusations as they attempt to force religion-based/unscientific material on people, mostly women, entering the facilities. Over the 35 years that I have been involved with the pro-choice cause, I have never seen a patient entering a facility seek out or respond favorably to the “sidewalk counseling.” What is a “sidewalk counselor?” What are their credentials? Call them what they really are: religious zealots and fetus worshippers. Buffer zones do not end their free speech. Instead, buffer zones impede zealots from trying to force their opinions and preferences on people entering a medical facility. Buffer zones reduce the potential of physical harm to patients and their families or friends.
Freedom of speech was never impeded for the anti-abortion zealots. The buffer zones merely thwarted their intent to impose their views on others. There is no evidence that they stopped a single abortion, albeit there is evidence that they delayed abortions as women felt intimated and rearranged their appointments to avoid the protesting, fetus-worshipping zealots.
Other bloggers, columnists, and reporters will adequately cover the ruling, some with great passion. Rachel Maddow also did an excellent analysis on her June 26 program. Take the time to read or listen to the facts to better understand how this unanimous ruling could have happened. It is important to set aside whatever we feel, think, or believe about the SCOTUS ruling and focus hard on stopping the zealots once and for all through the tactics of proactive campaigns that properly portray their dangerous zealotry, disregard for honesty, and intent to stop women from their constitutionally protected reproductive freedoms. McCullen and Company are not nice church-going, compassionate people who care about women and babies. They are indeed zealots who place such value on the fetus that they are willing to endanger the lives of women seeking abortions and those who help them. As hard as it is to believe, it appears that McMullen’s grandmotherly ways scammed the Supreme Court.
NOTE: If you are interested, this link will take you to an article concerning why the Colorado buffer zone law will remain intact: http://durangoherald.com/article/20140626/NEWS01/140629654/0/NEWS01/Colo%E2%80%99s-abortion-protest-law-stands-
June 29, 2014 at 7:38 am
SCOTUS just legally sanctioned terrorists with that ruling. Great blog post. I love this blog, so much information and so many viewpoints. I as well plan on writing a blog about the ruling. Trust me when I say these sidewalk counselors are nothing more than legally sanctioned terrorists. They terrorize patients and the people they are with, push them to a point where the people want to strike out and hit them.
I remember a few years ago when I went a on pro-choice walk, I was talking with someone there and we were talking about the F.A.C.E act and he felt that just made the anti’s even more anti, incited them even more as to where they would become more aggressive because they were being kept back and he felt that by allowing the anti’s to have closer access somehow soothed them down. I had to think about that one. Still not sure. In some ways if the anti’s where kept back I could see them doing something just to get people’s attention.
I have mixed feelings about this ruling, on one hand it would be nice not have the anti’s in the patients faces and on the other hand it may be a small price to pay just to keep the anti’s happy. As long as there is a public sidewalk that you have to use to access an abortion clinic there are going to be anti’s on that sidewalk, there is really nothing we can do to stop them. However freedoms work both ways, I wish there was someway we could empower the patients a little more.
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July 1, 2014 at 7:42 am
All interesting points Carrie. I tend to think that the antis prey on emotion, often under the guise of religion, with no regard for real people in real situations, etc. Regardless, the good to come from all bad rulings is that people who are reasonable will ultimately find a way for the right thing to happen.
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July 3, 2014 at 6:02 pm
Very true Kimmie, reasonable people will ultimately find a way to make things right.
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June 29, 2014 at 8:37 am
I’m such a dope (shut up Davie)! I didn’t realize if you hit one of those red titles above the column, you’d get old posts! Now I can read what I missed the years I was on vacation.
First I read Kate — 9/27/13. Kate doesn’t like what we say to the terminators, and she lists several of our statements. Years ago Kate wrote similar columns listing many others. I had forgotten most of them because they’re spontaneous. But when Kate listed them, I realized how good they were and I started compiling them too. So far I have seventy.
I used to read them to the deathscorts both to see them run away and to please my favorite audience, old white Joe. Here are some; tell me which ones you like best:
Don’t go in there. It’s a slaughterhouse in there.
The deathscorts in the green vests want your baby dead.
All women regret their abortions.
Your abortion will haunt you at night.
Abortion increases your chances of breast cancer 400%.
Mommy, please don’t let them tear off my arms and legs.
They’re going to tear apart your uterus.
You’re going to regret this for the rest of your life.
They’re going to make your baby look like road kill. The next time you see road kill think of your baby. (tbc)
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July 1, 2014 at 10:01 am
Here’s 11-20:
You know in your heart abortion is wrong.
The blood of that baby is on your hands.
You’re entering breast-cancer alley.
You’re not just killing a baby, you’re killing yourself — all your relationships, your physical health, your spiritual health, everything will die.
God does not look kindly on killers.
After you die that baby will find you.
Satan is the real killer. These deathscorts are just his helpers.
It will take them ten minutes to kill that baby. They don’t just kill her, they torture her to death.
Nothing is worse than killing your own child. If you do this, there is nothing else horrible that you would not do.
God loves you and wants you to keep that baby.
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July 1, 2014 at 10:06 am
JohnDunkle = creepy
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July 1, 2014 at 11:47 am
Why, MT?
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July 2, 2014 at 7:00 am
It should embarrass you, MT, to be exposed as a name-caller. Why doesn’t it?
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July 3, 2014 at 10:59 pm
yes yes sure keep the baby and then what? no health care, no food stamps, no wic, free daycare?! heck no! we arent communist, Having an abortion does NOT cause breast cancer, how do I know that ? I had one and … news flash !! NOTHING HAPPENED, no diseases, no depression, and no regrets, besides your god is the biggest killer in history, remember your flood tale? read the book of numbers where Joshua’s army killed an entire village including old men, women and yes children, their sin? they were in joshua’s army way, read your own book and realize that not even your god think all life is sacred, there are a recipe for an abortion on the bible where it says if the husband is jealous and “thinks” his wife was cheating on him he could give her a potion if the child was his no abortion if it wasn’t bam abortion for sure, also in the bible children were not worth a penny or considered alive until they were 1 month old.
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July 4, 2014 at 11:10 am
Zandi! You make seven or eight charges here! Davie will confirm that’s way too many for me to handle. So let me select one and we’ll talk about that instead of jumping all over the place.
Here’s the one: God kills all of us so we may kill others too.
Now Z, isn’t that a silly statement to make? I mean even if you don’t believe in God, you surely don’t believe that your son may kill you, do you? Or that you may kill your doctor? Or that she may kill you?
So let’s just forget that charge. You select the second one, but only one, please..
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July 5, 2014 at 12:32 pm
Zandi, if you’re not going to select another, I’ll have to: Unless you can provide for that child, you may kill her.
No, my darling, you may not kill your child even if you cannot provide for her. Better to let her die from starvation or exposure than to kill her. That should be obvious too.
OK, do #3.
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July 6, 2014 at 7:55 am
Looking as if I’ll have to do everything myself. Here’s your #3, Z: Having an abortion does NOT cause breast cancer.
I‘m happy you did not get breast cancer, Zandi. However, many women who’ve had their preborn children murdered have gotten breast cancer and it’s been traced to their having had the abortion. How do I know? Eight medical groups tell me, the first is Jessica Dolle et al. Cancer Epidemology Biomarkers & Prevention 2009; 18(4)1157-1166. I could list the other seven if you want. And there are many others besides these eight.
Yeah, I know, the child-killing industry, like the cigarette-selling industry before it, has come up its own groups that deny the connection (anything for money). And the child-kiling industry has some serious supporters – the anti-Catholic folks (anything for hate).
But why take the chance?
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July 7, 2014 at 8:34 am
My mistake, Z. You make four charges, it only seemed like seven or eight. The fourth is this: the Bible promotes child-killing before birth; therefore, we may do the same.
Well first of all that’s an odd charge from someone who believes in neither God nor the Bible. Secondly, the Bible is the Word of God and only he may interpret the meaning of his Word. That leads us to the Catholic Church, the voice of God on earth, and she says God does not promote child-killing before birth.
OK Elena, now that I’ve cleared up this mess, let’s post another.
Hey! I see you’ve posted one already. Good for you.
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July 3, 2014 at 11:20 am
There is plenty of evidence that antis are NOT soothed by having close access to patients. Wherever there are no zones, the antis get right in the face of the patients, shouting and stuffing their pamphlets within inches of a patient’s face.
Only when a patient stops and engages do the antis tone it down. But as soon as the patient heads to the door, the screaming returns.
When I first heard that the Mass case was about a 35′ zone, I was almost certain the plaintiff would win. That seemed too big. I have not read the SCT ruling but none of the reports I have read indicated that a smaller zone might be acceptable.
FACE is still the law, and escorts and the patient’s support people can still get between the antis and the patients. But pushing and shoving will likely occur, and then who gets arrested? What if that to the SCT?
And just so I don’t miss the chance, yes, John, we agree, you are a dope.
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July 3, 2014 at 11:31 am
Davie, I wish you wouldn’t call them patients. Patients are sick or damaged people. Most of the clients are healthy young women in the prime of their lives.
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July 3, 2014 at 11:44 am
Wrong as always JOHNDUNKLE. A patient is one tended to by a health care provider, which includes those who provide abortions. I guess it is good to see a creep like you get your rocks off on this pages than hanging out harassing women.
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July 3, 2014 at 4:29 pm
The homosexual community introduced these sexual metaphors — get your rocks off. Now that’s creepy
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July 3, 2014 at 12:23 pm
So, when i go for an annual physical with no obvious problems, I’m not a patient? What the heck am I?
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July 3, 2014 at 4:30 pm
You’re a paying customer.
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July 4, 2014 at 8:40 am
No I agree with you David, I think there should be buffer zones at every clinic. The women coming to the clinics are coming to access a safe legal medical procedure, they are coming access their choice. I don’t feel that anyone has the right to stand in their way and should just leave them be.
I don’t think protesters should be allowed at any clinic EVER..
But for some reason someone somewhere decided that was okay to do. That it was okay to harass women for accessing their choice. Why is it we never see them screaming at women who choose drugs over their children. These women are accessing their choice as well but never a peep from the anti’s when the woman chooses drugs over their children OR when these women harm and abuse these children. It is there choice to do that but where are the anti’s then?
Why is it when a woman makes the decision to terminate a pregnancy, which is the best choice for that woman the anti’s come out of the woodwork..to try and stop her from exercising that choice? A choice that has no bearing, no effect on anyone other than the woman making that choice? Where are the anti’s when the already-born children are abused and murdered by parents that were exercising their choice?
This is exactly what happens:
Only when a patient stops and engages do the antis tone it down. But as soon as the patient heads to the door, the screaming returns…No one deserves to be subjected to the kind of abuse that these patients have to endure when they go to the clinic to exercise a choice.
There should be laws that are passed that stop this kind of abuse right in its tracks. City and states could very easily pass those types of laws. Freedoms work both ways.
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July 3, 2014 at 12:25 pm
The funny – or maybe not so funny – thing is people like John may think that when they “talk a woman into not aborting,” i.e., if the woman/patient turns around, they think the abortion has not happened. Chances are pretty high that the woman, not wanting any grief, just turned around and found another clinic in the area that didn’t have protestors.
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July 3, 2014 at 1:24 pm
Actually, Pat, there is data to back you up. They usually reschedule at the same clinic although there are some who learn that they regular OB/GYN will do the abortion if in the first trimester.
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July 3, 2014 at 4:31 pm
That could be.
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August 22, 2014 at 1:35 pm
When someone writes an piece of writing he/she maintains the thought of a user
in his/her mind that how a user can be aware of it.
So that’s why this piece of writing is perfect. Thanks!
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August 22, 2014 at 1:35 pm
When someone writes an piece of writing he/she maintains the thought of a user
in his/her mind that how a user can be aware of it.
So that’s why this piece of writing is perfect. Thanks!
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