Access to medical facilities

• Hill v. Colorado
• McGuire v. Reilly

Hill v. Colorado, 530 U.S. 703 (2000)

Issue

The issue here was whether a Colorado statute prohibiting a non-consensual “knowing approach” of another person within 100 feet of a health care facility’s entrance was unconstitutional as a violation of the right to free speech.

AMA interest

The AMA supports the right of access to medical care and believes that health care providers have a fundamental right to freedom from violence and all acts of intimidation that impede their ability to provide lawful health care services.

Case summary

In response to concern about aggressive anti-abortion protests outside healthcare facilities that performed abortions or provided abortion referrals, the Colorado legislature enacted a statute to restrict unwanted approach of those entering such facilities.  Anti-abortion activists challenged the constitutionality of the statute by bringing a suit for injunctive relief from its enforcement.  The state trial court dismissed the complaint, holding that the statute imposed content-neutral time, place, and manner restrictions that were narrowly tailored to serve a significant government interest in access to medical facilities and privacy.  The state appellate court affirmed and the Colorado Supreme Court denied review.  The United States Supreme Court, however, vacated the judgment in light of its earlier decision in another case that an injunctive provision creating a “speech-free floating buffer zone” with a 15-foot radius violated the First Amendment.

The case then returned to the state appellate court which reinstated its judgment.  The Colorado Supreme Court affirmed, distinguishing the earlier United States Supreme Court case on the ground that the Colorado statute at issue was narrowly drawn to further a significant government interest in access to medical facilities and privacy and concluding that ample alternative channels of communication remained open to the plaintiffs.

The United States Supreme Court affirmed the Colorado Supreme Court, reasoning that the statute, which regulated place not content, properly protected listeners from unwanted communication.

AMA involvement

The AMA joined an amicus curiae brief with the American College of Obstetricians and Gynecologists to support the Colorado statute.

View the brief. (PDF, 1MB)

McGuire v. Reilly, 260 F.3d 36 (1st Cir. 2001)

The AMA, the Massachusetts Medical Society, and the American College of Obstetricians and Gynecologists joined in an amicus curiae brief in support of a Massachusetts statute governing access to medical facilities.  The law was intended to keep pro-life demonstrators a reasonable distance from patrons seeking to enter abortion clinics.  The First Circuit upheld the statute, reversing the low court decision.