OPERATION RESCUE-NATIONAL v. PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEXAS, INC.

No. 97-0171.

975 S.W.2d 546 (1998)

OPERATION RESCUE-NATIONAL a/k/a Operation Rescue, Rescue America, Dallas Rescue, Rev. Phillip L. "Flip" Benham, Bob Jewitt, Don Treshman, and Rev. Keith Tucci, Petitioners, v. PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEXAS, INC., AAA Concerned Women's Center, Inc., Aaron's Family Planning Clinic of Houston, Inc., A-Z Women's Health Services, P.A., Downtown Women's Center a/k/a Downtown Women's Clinic, et al., Respondents.

Supreme Court of Texas.

Decided July 3, 1998.

Rehearing Overruled October 15, 1998.


Attorney(s) appearing for the Case

Cactus Jack Cagle, Houston, James Austin Pinedo, San Antonio, Jay Alan Sekulow, Washington, DC, Benjamin W. Bull, Scottsdale, AZ, Richard W. Schmude, Tomball, for Petitioners.

Neal S. Manne, Kathy D. Patrick, Collyn A. Peddie, Houston, for Respondents.


HECHT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, ENOCH, OWEN, ABBOTT and HANKINSON, Justices, joined.

Petitioners challenge on procedural and constitutional grounds a permanent injunction restricting their anti-abortion demonstrations at certain clinics and residences in Houston. We conclude that portions of the injunction infringe upon petitioners' freedom of expression guaranteed by the First Amendment to the United States Constitution...

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