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Freedom of Access to Clinic Entrances Act

  • United States v. Dillard (10th Cir.) - Appellant/Cross-Appellee
    • The district court incorrectly applied the test for a true threat
    • The district court applied the wrong legal standard in requiring that the threatened violence be imminent and unconditional
    • The district court misapplied the requirement to the facts of this case, i.e., a reasonable person could read the letter to suggest that Dillard would be a participant in the threatened violence and that the letter was not just a prediction of harm at the hands of others

     
    Document Date 
    Reply/Cross-Appellee Brief (Under Seal) 08/01/14
    Brief as Appellant/Cross-Appellee 04/02/14
  • McCullen v. Coakley (S. Ct.) - Amicus
    • The Massachusetts statute that creates 35-foot buffer zones around reproductive health care facilities' entrances and driveways is neutral as to both content and viewpoint, and it survives intermediate scrutiny

     
    Document Date 
    Supreme Court Decision, 134 S. Ct. 2518 06/26/14
    Brief as Amicus 11/22/13
  • United States v. Alaw (D.C. Cir.) -- Appellee
    • Whether the district court erred in finding that Defendants were sufficiently likely to violate the Freedom of Access to Clinic Entrances Act, 18 U.S.C. 248 (Access Act), in the future to warrant issuing an injunction
    • Whether injunctive relief under the Access Act must be predicated upon pervasive, egregious, unlawful conduct
    • Whether injunctive relief is prohibited if civil penalties are available to deter future illegal conduct
    • Whether the injunction issued on remand violates the First Amendment because it prohibits otherwise lawful expressive conduct
    • Whether the district court was required by the First Amendment to prohibit only acts committed with the mens rea necessary to prove a violation of the Access Act
    • Whether the injunction is unconstitutionally overbroad because it is not tailored to each covered facility
    • Whether the injunction is unconstitutional because it does not permit Defendants to sit, stand or kneel alone in front of the entrances of covered facilities

     
    Document Date 
    Brief as Appellee [PDF] 10/22/02
    Court of Appeals Decision [PDF], reported at 327 F.3d 1217 05/06/03
  • United States v. Alaw (D.C. Cir.) -- Appellee
    • Defendants' conduct violated the Freedom of Access to Clinic Entrances Act
    • Injunction issued to enforce FACE does not violate the First Amendment

     
    Document Date 
    Brief as Appellee [HTML]  [PDF] 11/27/00
    Court of Appeals decision [HTML], reported at 247 F.3d 279 05/01/01
  • United States v. Hart (8th Cir.) -- Appellee
    • FACE is a valid exercise of the Commerce Clause
    • FACE does not violate the First Amendment
    • FACE is not vague or overbroad
    • Parking rental trucks at the entrance of abortion clinics could constitute a "threat of force," in violation of FACE

     
    Document Date
    Brief as Appellee [HTML]  [PDF] 06/19/99
    Court of Appeals decision [PDF], reported at 212 F.3d 1067 05/01/00
    Brief Opposing Petition for Rehearing En Banc [HTML]  [PDF] 05/31/00
    Petition for Rehearing En Banc denied 06/16/00
    Opposition to Petition for Certiorari 12/13/00
    Petition for Certiorari denied, reported at 531 U.S. 1114 01/16/01


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Diana K. Flynn
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Amicus curiae suggestions may be submitted to crt.amicus@usdoj.gov. Submissions should include case name, docket number, circuit/district court name, a brief description of the case and issue, and the current status if known.

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