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Schenck v. Pro-Choice Network of Western New York (docket #: 95-1065) (1997)  [Findlaw]

Secondary Link Schenck v. Pro-Choice Network of Western New York  [Legal Information Institute]
Argument Date 10/16/1997
Decided 02/19/1997
Supreme Court Vote 6-3; 8-1
Note With a 6-3 vote, the Court upheld the validity of the "fixed" buffer zone. It voted 8-1 to strike down the "floating" buffer zone.
Supreme Court Ruling 1) First Amendment claim denied. 2) First Amendment claim sustained.
IssueWhether a court may, consistent with the First Amendment, prohibit anti-abortion protestors, with the exception of two sidewalk counselors, from entering (1) a 15-foot buffer zone around abortion clinic entrances and driveways and (2) a 15-foot buffer zone around vehicles and patients entering or leaving the clinic.
Case Summary & Additional Resources
Majority Opinion Rehnquist, C. J.
Dissenting Opinion Scalia J. (concurring in part and dissenting in part. Joined by Kennedy, J. and Thomas, J.) & Breyer J. (concurring in part and dissenting in part).
Lower Court 2nd Circuit
Lower Court Ruling First Amendment claim denied.
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
Jay Sekulow

For United States
Walter Dellinger

"Abortion Protesters Gather As a Fight Builds in Buffalo," New York Times, April 20, 1992, sect. B, p. 11
Opinion - Lower Court
Pro-choice Network of Western New York v. Schenck, 67 F.3d 377, (2nd Cir., 1995)
"194 Arrested in Protests at Buffalo Abortion Clinics," New York Times, April 23, 1992, sect. A, p. 1
"Abortion Clinic Buffer Zone is Upheld," New York Times, February 20, 1997, sect. A, p. 1
"Minister is Assaulted at Abortion Protest," New York Times, April 19, 1992, p. 29
Federal Statute
Freedom of Access to Clinic Entrances Act

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