Rebuffing the Zones?
The American Prospect - 01/14/2014
But this case is less open-and-shut than scholars like Zick would like. Although the petitioners argue that the law is discriminatory because it allows clinic employees to approach and speak with patients in the zone, although they’re not permitted to discuss anything political. Martha Davis, a professor of law at Northeastern University, says there’s no evidence that the law was enforced in an uneven way. Moreover, the state of Massachusetts’s brief argues that the law focuses not on speech, but on conduct. The demonstrators can still make their views heard; after all, 35 feet is less than the length of two standard parking spaces. They—and any other partisan protester—are prohibited from physically compromising clinic access. They can keep talking to patients who are in the zone. They’ll just have to shout.