First Amendment Library

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.

Issue	Whether 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]

Lawyers