SCHENCK et al.
v.
PRO-CHOICE NETWORK OF WESTERN NEW YORK et al.
United States Supreme Court.https://leagle.com/images/logo.png
Argued October 16, 1996.
Decided February 19, 1997.
Attorney(s) appearing for the Case
Jay Alan Sekulow argued the cause for petitioners. With him on the briefs were Vincent P. McCarthy, Joseph P. Secola, Thomas P. Monaghan, James M. Henderson, Sr., Walter M. Weber, Keith A. Fournier, and John G. Stepanovich.
Lucinda M. Finley argued the cause for respondents. With her on the brief were Martha F. Davis and Deborah A. Ellis .
Acting Solicitor General Dellinger argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Patrick, Deputy Solicitor General Bender, Beth S. Brinkmann, and Jessica Dunsay Silver.*
Rehnquist, C. J.,delivered the opinion for a unanimous Court with respect to Parts I and II—A, the opinion of the Court with respect to Part II—C, in which Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined, and the opinion of the Court with respect to Parts II—B and II—D, in which Stevens, O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Kennedy and Thomas, JJ., joined, p. 385. Breyer, J., filed an opinion concurring in part and dissenting in part, p. 395.
United States Supreme Court.
Chief Justice Rehnquist delivered the opinion of the Court.
The question presented is whether an injunction that places restrictions on demonstrations outside abortion clinics violates the First Amendment. We uphold the provisions imposing "fixed bubble" or "fixed buffer zone" limitations, as hereinafter described, but hold that the provisions imposing "floating bubble" or "floating buffer zone" limitations violate the First...
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