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Argued January 19, 2000.
Decided June 28, 2000.
Attorney(s) appearing for the Case
Jay Alan Sekulow argued the cause for petitioners. With him on the briefs were James M. Henderson, Sr., Walter M.Weber, Joel H. Thornton, Thomas P. Monaghan, and Roger W. Westlund.
Michael E. McLachlan, Solicitor General of Colorado, argued the cause for respondents. With him on the brief were Ken Salazar, Attorney General, Felicity Hannay, Deputy Attorney General, Carol D. Angel, Senior Assistant Attorney General, and Maureen Herr Juran.
Deputy Solicitor General Underwood argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Beth S. Brinkmann, David K. Flynn, and Louis E. Peraertz.*
Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, in which O'Connor, Ginsburg, and Breyer, JJ., joined, p. 735. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 741. Kennedy, J., filed a dissenting opinion, p. 765.
United States Supreme Court.
Justice Stevens, delivered the opinion of the Court.
At issue is the constitutionality of a 1993 Colorado statute that regulates speech-related conduct within 100 feet of the entrance to any health care facility. The specific section of the statute that is challenged, Colo. Rev. Stat. § 18-9—122(3) (1999), makes it unlawful within the regulated areas for any person to "knowingly approach" within eight feet of...
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