Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, February 14, 1995 TAG: 9502140131
SECTION: VIRGINIA PAGE: A-8 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The three-judge panel's unanimous ruling in separate cases brought by an anti-abortion group and a protester is the first appellate decision on the Freedom of Access to Clinic Entrances Act, signed by President Clinton last May 26.
One challenge was filed by Joyce Woodall of Jamestown, Calif., an anti-abortion protester who was arrested in June after kneeling in front of a Falls Church clinic door and praying. The conservative group Concerned Women of America joined in her appeal.
The second challenge was filed by the American Life League, a Stafford anti-abortion organization, which argued that protesters can say anything they want as long as they don't threaten or assault abortion-seekers or block the clinic entrance.
Judge M. Blane Michael, writing for the majority, said the law protects people seeking or providing abortions without infringing on anyone's First Amendment rights.
``The act forbids the obstructive conduct not because of the content of any message that conduct might convey, but because of its harmful effects,'' Michael wrote.
Wendell R. Bird of Atlanta, Woodall's lawyer, said he will ask the U.S. Supreme Court for a review.
The 4th Circuit delayed consideration of one issue raised in Woodall's case. She said the act is unconstitutional because its injunctive relief provisions authorize ``prior restraints'' on speech.
The 4th Circuit said the issue was raised prematurely and should be deferred until a more concrete controversy arises.
by CNB