#007: Abortion in the Dock (And What’s Free Speech Got To Do With It)?
Nov 21, 2024
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Andy Bath, Executive Vice President and General Counsel at the Thomas More Legal Society, shares his extensive experience in the pro-life movement. He delves into the complexities of the FACE Act and its implications for free speech, especially for pro-life advocates. The conversation touches on the Supreme Court’s potential involvement in abortion cases, highlighting ongoing legal battles and the importance of citizen activism. Bath also reflects on the evolving strategies within the pro-life movement in light of recent legislative changes.
The FACE Act, while intended to protect access to abortion services, raises concerns about potential overreach and free speech limitations for pro-life advocates.
Ongoing legal challenges and shifts in the pro-life movement emphasize the importance of citizen activism and improved communication strategies outside clinics.
Deep dives
The FACE Act's Origins and Impact
The Freedom of Access to Clinic Entrances Act (FACE Act), enacted in 1994, aimed to combat harassment and violence outside abortion clinics. It emerged from a historical context where the pro-life movement engaged in intense protests, including mass sit-ins that often led to the obstruction of clinics. The law criminalizes the use of physical force or threats against individuals seeking reproductive health services, effectively leading to a significant reduction in disruptive protests. However, it has raised questions about the potential overreach and unintended consequences of limiting free speech around such sensitive issues.
Constitutional Concerns and Governmental Misuse
Concerns have been raised about the constitutional validity of the FACE Act, particularly regarding its application and enforcement bias against pro-lifers. Legal experts argue that while the law ostensibly protects various entities like churches and pregnancy centers, it has been weaponized to target pro-life advocates, leading to allegations of viewpoint discrimination. The discussion highlights a need for deeper scrutiny of how federal laws impact local actions and the balance of power between state and federal jurisdictions—pointing out that existing state laws already cover many issues the FACE Act addresses. Consequently, the call for repeal stems from both constitutional arguments and the need to restore free speech rights.
The Future of Advocacy and Legal Challenges
As the pro-life movement adapts to a changing legal landscape post-Dobbs, there is an emphasis on citizen activism and the importance of sidewalk counseling in offering alternatives to women considering abortion. Recent legal cases have sparked significant hope for changes in how pro-life advocates interact with the law, especially with pending Supreme Court challenges that question previous rulings limiting free speech near clinics. The movement's strategy now includes using better communication techniques aimed at assisting individuals who feel they have no choice. Successful legal outcomes could redefine the dynamics outside clinics, allowing for more supportive and less restricted interactions.
On this week's episode of Case in Point, Sarah is joined by Andy Bath, Executive Vice President and General Counsel at the Thomas More Legal Society. What do free speech rights have to do with pro-life advocacy? What is the F.A.C.E. Act, and how has it been employed by the Biden-Harris Administration? Will the Supreme Court take up abortion again this term? They'll answer these questions and more on Case in Point.
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