In third round, Supreme Court again finds for clinic protest rights

Published: 2006-02-28

WASHINGTON (CNS) -- The Supreme Court's 8-0 decision rejecting attempts to use racketeering laws against abortion clinic protesters was hailed by one of the successful petitioners as a victory for free speech. It was the third time the high court had ruled in the case, which dates back to 1986 when the National Organization for Women attempted to use racketeering laws in class-action lawsuits against abortion clinic protesters. The Feb. 28 ruling reversed the 7th U.S. Circuit Court of Appeals' interpretation of the Supreme Court's 2003 ruling in the case. The lower court had found that the Supreme Court's decision for Joseph Scheidler and Operation Rescue neglected to deal with four out of 121 instances in which a jury had found abortion protesters violated laws that prohibit acts or threats of violence to person or property. Scheidler, who heads the Pro-Life Action League, said in a statement that he is "mystified that I had to go to the trouble and expense of appearing before the Supreme Court three times. The court was right when they ruled in 2003, but the National Organization for Women refused to acknowledge defeat." In the latest decision, Justice Stephen Breyer wrote that to violate the Hobbs Act -- a 55-year-old law prohibiting extortion -- physical violence or threats of violence must be related to extortion.

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