In June of 2000, the Supreme Court issued its decision upholding a Colorado measure that protected women seeking abortion care from harassment.
In 1993, Colorado enacted a statute restricting demonstrations around health care facilities. Within 100 feet of any health care facility entrance, patients could not be approached within 8 feet without consent for the purpose of demonstrating at that person. Demonstrating included leafleting, displaying a sign, and engaging in conversation. Anti-abortion activists sued arguing the measure was unconstitutional under the First Amendment. The Colorado Legislature enacted the measure in part because demonstrations in front of abortion clinics had impeded access and were often confrontational. Clinics needed to provide escorts for persons entering and leaving the clinics both to ensure their access and to provide protection from aggressive protesters would use strong and abusive language in face-to-face encounters. There was also evidence that emotional confrontations could adversely affect a patient's medical care.
The Court found in a 6-3 decision that under the First Amendment, expression can be subjected to reasonable time, place, or manner restrictions if they are content neutral, narrowly tailored to serve a significant government interest, and leave open ample alternative channels for communication. Applying this test, the Court upheld the statute, finding that it was narrowly tailored to serve government interests and that intrusive conduct was regulated rather than the content of a demonstrator's message.
Read the full text of the Hill v. Colorado decision
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