Second in the HLPR Case Comment series: McCullen v. Coakley: How Should We Reconcile the First Amendment with Abortion Rights? Revisiting the Supreme Court's June decision regarding protestors or "counselors" who located near the entrances to abortion clinics, Ana Choi examines the conflict between free speech rights and abortion rights in this case. …
McCullen v. Coakley: “Something for Everyone”
By Ana Choi The Supreme Court has handed down its decision in McCullen v. Coakley, holding that the Massachusetts statute creating a 35 feet buffer zone around abortion clinics is unconstitutional on First Amendment grounds. Although the holding is unanimous, the majority opinion (written by C.J. Roberts and joined by JJ. Ginsburg, Breyer, Sotomayor, and Kagan) and the two concurring opinions (one written by J. Scalia and joined by JJ. Kennedy and Thomas, the other written by J. Alito) reveal a …
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