Free Speech Outside the Abortion Clinic

The Supreme Court has given pro-life advocates free rein, even if it distresses patients. But getting people to listen is more complicated.

When Kelsey McLain, then a 25-year-old in the midst of the first trimester of her pregnancy, arrived at the abortion clinic closest to her home, her car couldnt get past the entrance of the parking lot. Protestors loomed toward the front of her vehicle. The group of 12 wielded signs covered in photos of aborted fetuses with the word murder printed across them in big block letters. McLains mother was behind the wheel, and with her foot on the brake, she gave the road blockers a choice of moving or getting run over.

The encounter didnt end after the protesters moved off to the side. As McLain got out of the car, louder shouts greeted her, accusing her of turning her back, of not wanting to know the truth. She felt growing anger but resisted the urge to lash out. She dashed inside the clinic, her mother close behind. It wasnt what I needed to deal with that day, McLain recalls.

In the clinics waiting room, McLain noticed that many of the patients seemed rattled. At that point, all they knew was that there were people outside and they were screaming at them. They didnt know their motivations or if they were good or bad people. As a woman with a self-proclaimed interest in reproductive rights, McLain had thought she was prepared for what she was going to face when she arrived at the clinic. But she, too, felt jarred. Protesters are always going to be a scary thing, no matter how much knowledge you have about them, she says.

Today, McLain witnesses pro-life activism on a weekly basis, when she volunteers as a clinic escort. Her role is to offer patients moral and physical support as they make their way past protestors, some of them quietly praying, others approaching the women with an intensity that that borders on harassment. She says protesters are quick to remind escorts and clinic staff that theyre legally entitled to be there. They comment to us that they have great lawyers, and they know their rights, and if we ever violate their right to free speech, theyll sue us, she says.

In June 2014, the Supreme Court unanimously struck down a Massachusetts law forbidding protesters from standing within 35 feet of the entrance to a reproductive health care facility. After that decision came down, the demand for escorts like McLain sharply increased, says Marty Walz, the recently retired CEO of the Planned Parenthood League of Massachusetts. The protesters definitely have greater access to our patients, right up to the front door, Walz says. And they take advantage of it. When the buffer zone was in place, the Boston clinic used escorts only on Friday and Saturdayits busiest days. Now, every day, a swarm of people descends on the building. Along with the patients, the protesterswho now number anywhere from 20 to 80 each day and the pedestrians, there are 20 to 30 additional escorts at the Boston clinic.

This growing horde of people has made the atmosphere outside the clinic tenser, more chaotic, and in general, a lot less comfortable for the patients, says Sarah Cyr-Mutty, the community relations coordinator at the Boston clinic and a regular clinic escort. No one wants to drive up to their doctors office and see over 100 people standing outside.

The activists are now able to walk right up to patientspraying, pleading, and handing out flyers. They can follow women up to the clinics doors, which means that once the patients are in the waiting room, they can still hear the chants from outside. As such, Cyr-Mutty says that the patients she escorts through the clinics doors now are often in need of more consoling than they were before the Courts decision. Whether theyre just a presence outside, or theyre really trying to interact with them, its always really upsetting to the patient.

But apart from the commotion, its not clear how much has changed since the Supreme Courts ruling in McCullen v. Coakley nine months ago. Theres no evidence that activists are succeeding in changing womens minds. What is succeeding is the one thing the Supreme Court intended: People who believe abortion is murder are able to share that message with those who least want to hear it.

It is no accident that public streets and sidewalks have developed as venues for the exchange of ideas, wrote Chief Justice John Roberts in the Courts opinion. Even today, they remain one of the few places where a speaker can be confident that he is not simply preaching to the choir. With respect to other means of communication, an individual confronted with an uncomfortable message can always turn the page, change the channel, or leave the Web site. Not so on public streets and sidewalks.

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Free Speech Outside the Abortion Clinic

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