Winners and Losers
This has just been a law heavy series of posts that have come through the woodwork hasn’t it? I mean it’s pretty unavoidable with a blog like this and the subject of most news stories recently, even as Iraq descends into further chaos. But I still have at least one big story to talk about concerning the Supreme Court’s series of decisions that came out this pas week. And this is the one that has probably gotten the biggest amount of attention payed to it in my circle of friends. Yes today we’re going to talk about the issues we face by living in a society that prizes personal liberty above all else, even when it is at the expense of the privacy and desires of other people. The courts have ruled in a unanimous decision that the 2007 law enacted by Massachusetts to provide 35 foot buffer zone between anti-abortion protesters and facilities that offer abortion services put too great a burden on the first amendment rights of the protesters.
Although I do understand the rationale that went into the decision that was passed, I was more than a little surprised that there wasn’t at least one dissenting voice in the high court. After all the law that was passed in Massachusetts, and then mimicked in other states, was not created in a vacuum. See, despite claiming to be “pro-life” some of the most extreme activists on this issue have committed murder to fulfill what they believed was their duty to society. And not merely limiting their attacks to the doctors who actually provide these services to women, in 1994 a shooter killed two staff members of Planned Parenthood in Brookline, Massachusetts. The shooter then went down to Virginia to attack another clinic, and in response to this violence there was a call for some level of safety from the most violent elements of the anti-abortion movement. But it’s not even as simple as that.
For anyone who hasn’t seen the types of protests that are held outside of Planned Parenthood facilities, let me just say they are vile. Even setting aside the legitimacy of using those horrid pictures and yelling obscene things at employees, patients, and onlookers it is truly repugnant what these protesters do when there is no buffer at all. Private property laws do allow clinics to keep the protestors off their grounds but the moment you get to the pavement on the other side of that property it is a public space, a public space filled with protestors who will do every thing in their power to keep people from entering the clinic. Planned Parenthood, as I’ve discussed before, is not a company defined by abortions, which account for about 3% of its total services. But the hoards of protestors who attend this blockade for patients and employees of all stripes who try to go in or out to pass a barrier of insults, shame, and hate called love by the other side. Having worked in Virginia and seeing these groups constantly outside clinics I would find it an act of courage just to go in for a check up, let alone if you went there having made the difficult decision to have a safe and legal abortion.
In Massachusetts these groups have been kept at a distance of 35 feet from the facility, which for many who are making that hardest choice still makes the process harder, but creates an unforeseen consequence. If you listen to some of the proponents of this Supreme Court decision, they say that now they will be able to have the calm and quiet conversations that weren’t possible before. It is true that many anti-abortion activists want to talk quietly with women who are about to undergo an abortion to convince them not to go through with it, as if it were their place to get in between a woman and her doctor. But I will certainly grant the argument that it would be preferable to have calm conversations over the screaming and vitriolic protests that occur when people are kept far away and feel that the only way they can be heard is by turning up the volume. And yet I feel as if I’m only giving half the story so far.
There is a reason why so many different, and often opposed, groups lift up the first amendment to the Constitution as the most important. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” That covers a lot of ground in a very short space. By creating these great buffers the government, although not specifically Congress, had abridged the freedom of speech and peaceable assembly for those who are against safe and legal abortions. And as much as we may dislike the choices people make with their rights, we have to accept that they are entitled to them.
The Supreme Court made the technically correct position that the rights of these activists must be upheld, even though they have thus taken away a great measure of security from those who go to these clinics. Like the Westboro Baptist Church(WBC) they are entitled to say truly horrific things in accordance with their first amendment rights, but I find it odd that the courts have yet to make a strong comment about buffers before this. Those same WBC protesters won their legal battle, in part, because their protests are generally hundreds of yards away from the funerals they target. So it seems that it is much simpler to defend their rights, as they already accept a respectful distance, than it would to defend protesters who literally get right up in the faces of the people and clinics they target. What’s more, so far as I know, WBC has never been involved with any violent attacks on others, much less murder. And this is why I am uncomfortable with the full ruling and skeptical of why the conservative Justices ruled the way they did.
Whereas the liberal Justices were clearly ruling against groups that they would tend to favor, and some would argue thus defending liberties for liberal protest groups as well, the conservative Justices were certainly on the side of those who won in this decision. I find it hard to believe that it would have been the same 9-0 decision had the protesters in question been environmental activists aligned with people who may have attacked various businesses and research facilities. I would tend to believe that this was an opportunity for conservatives, not to defend personal liberty, but to advance the agendas of people who are closing down clinics all over the country and seeking to dismantle Roe v Wade. After all the response to eco-terrorism was not simply limited to the actual perpetrators of the crimes, whereas police response to anti-abortion terrorists has been strictly limited to just those who actually perpetrate the crime, and as far as I know that inconsistency remains unresolved.
So although it could be said that this decision was a win for anyone who values personal freedom, particularly the freedom to express unpopular opinions, it can also be seen as a potential loss of other freedoms down the road. I can only hope that my suspicions about the conservative Justices is unfounded and they were simply living up to the full measure of freedom that has been carefully carved out for every person within our borders. What’s more, I hope that the staff and patients of Planned Parenthood clinics across this country will remain safe in spite of this decision. If not then I would have to conclude that it is a decision that ensure that women will ever be the losers at the hands of a judgmental few.