Supreme Court Drops the Buffered Ball and Ceases and Desists from a Tradition of Stare Decisis in Schenck v. Pro-Choice Network, The
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Gillen, Sean Matthew
INTRODUCTION|The First Amendment provides protection for freedom of religion, assembly, press, and speech. Since its ratification, the United States Supreme Court has held that the rights contained in the First Amendment are fundamental rights, thus warranting a higher level of scrutiny when government attempts to limit those rights in any way. However, during the course of the 20th Century, the Supreme Court has repeatedly held that the rights protected by 4the First Amendment-namely, freedom of speech-are not absolute. Recently, in Schenck v. Pro-Choice Network, the United States Supreme Court upheld an injunction that prohibited anti-abortion advocates from protesting within fifteen feet of the entrance to a medical clinic that provided abortion-related services. The Supreme Court reasoned that, absent some sort of fixed buffer zone in front of the clinic entrance, the anti-abortion protesters could constructively...
31 Creighton L. Rev. 953 (1997-1998)
Creighton University School of Law