Wednesday, January 15, 2014

Can you hear me now?

There was a big abortion case before the Supremes today. It wasn't about the process itself, but about how close protesters could get to the patients. Massachusetts says there is a buffer zone of 35 feet outside a clinic. Those against abortion say they have a free speech right to quietly counsel those going into the clinic. Those for women's choice say that such counseling is rarely quiet. Nina Toetenberg summarizes the debate in the court.

It seems to me one key aspect was missing, something my friend and debate partner reminds me of occasionally. It wasn't mentioned by the lawyers or the justices. While the protester has the right of free speech the patient has a right to not listen. And if the protester is allowed to quietly counsel (read: get in her face), the right to not listen becomes difficult.

During today's proceedings Chief Justice John Roberts was uncharacteristically silent. He might be the deciding vote.

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