McGUIRE v. REILLY

No. 03-2389.

386 F.3d 45 (2004)

Mary Anne McGUIRE; Ruth Schiavone; Jean B. Zarrella, Plaintiffs, Appellants, v. Thomas F. REILLY, Attorney General of the Commonwealth of Massachusetts; Philip A. Rollins, District Attorney of Barnstable County, Dukes County, and Nantucket County; Gerald D. Downing, District Attorney of Berkshire County; Paul F. Walsh, Jr., District Attorney of Bristol County; Kevin M. Burke, District Attorney of Essex County; Elizabeth D. Scheibel, District Attorney of Franklin County and Hampshire County; William M. Bennett, District Attorney of Hampden County; Martha Coakley, District Attorney of Middlesex County; William R. Keating, District Attorney of Norfolk County; Michael J. Sullivan, District Attorney of Plymouth County; Ralph C. Martin, II, District Attorney of Suffolk County; John J. Conte, District Attorney of Worcester County, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 12, 2004.


Attorney(s) appearing for the Case

Mark L. Rienzi and Wilmer Cutler Pickering Hale and Dorr LLP for appellants.

Dwight G. Duncan and Thomas M. Harvey on brief for appellants.

William W. Porter, Assistant Attorney General of Massachusetts, with whom Thomas F. Reilly, Attorney General of Massachusetts, was on brief, for appellees.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, SCHWARZER, Senior District Judge.


LYNCH, Circuit Judge.

This appeal is the second appearance here of a case challenging a state law regulating speech and activities within a buffer zone around health care facilities which perform abortions. Three plaintiffs, women who are regular pro-life "sidewalk counselors," appeal from an entry of summary judgment against their First Amendment attacks, both facial and as-applied, on the Massachusetts statute. We address whether the prior opinion of this court...

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