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McCULLEN v. COAKLEY

No. 08-2310.

571 F.3d 167 (2009)

Eleanor McCULLEN et al., Plaintiffs, Appellants, v. Martha COAKLEY, Attorney General for the Commonwealth of Massachusetts, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Michael J. DePrimo, with whom Philip D. Moran, Philip D. Moran P.C., Benjamin W. Bull, and Alliance Defense Fund were on brief, for appellants.

Dwight G. Duncan and Colbe Mazzarella on brief for Marlynda Augelli, Susanna Brennan, Cynthia Brown, Magdalena Castro, Alveda King, Anita Manninen, Esther Ripplinger, and Molly White, amici curiae.

Kenneth W. Salinger, Assistant Attorney General, with whom Martha Coakley, Attorney General, and Anna-Marie Tabor, Assistant Attorney General, were on brief, for appellee.

Robert E. McDonnell, Laura K. Langley, Josephine Deang, and Bingham McCutchen LLP on brief for American Civil Liberties Union of Mass., amicus curiae.

Before HOWARD, SELYA and HANSEN, Circuit Judges.

SELYA, Circuit Judge.

For more than three decades, those who advocate for a woman's right to choose and those who advocate for the right to life (based on a belief that life begins at the moment of conception) have struggled for advantage in the marketplace of ideas. A series of pitched battles, forming a part of this struggle, has been waged at free-standing abortion clinics, where protestors and anti-abortion counselors seek to dissuade prospective patients, shame...

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