6.

Freedom of Access to Clinic Entrances Act—Generally

On May 26, 1994, President Clinton signed into law the Freedom of Access to Clinic Entrances Act, 18 U.S.C. , 248 (1994) (FACE). The need for this legislation was based upon findings by Congress that for the preceding 16 years, violence against providers of reproductive health services had been increasing and that there was no federal law in place to combat this problem. Specifically, both the Senate and House Reports found that more than 1,000 acts of violence against providers of reproductive health services had been reported between 1977 and April 1993. S. Rep. No. 117, 103d Cong., 1st Sess. 3 (1993); H.R. Rep. No. 306, 103d Cong., 1st Sess. 6 (1993). During this same time period there were at least 36 bombings, 81 arsons, 131 death threats, 84 assaults, 2 kidnappings, 327 clinic invasions, 71 chemical attacks, more than 6,000 blockades and related disruptions against providers of reproductive health services, and the murder of Dr. David Gunn, who performed abortions. S. at 3, 6-7; H.R. Rep. at 6-7. In addition, Congress found that with regard to clinic blockades typically dozens and, in some instances, hundreds and even thousands of individuals had trespassed on the property of health facilities, blocking ingress and egress, pushing, shoving, destroying medical equipment, and forcibly interfering with the efforts of health care providers and patients to enter the facilities. Id.. See also National Org. for Women v. Operation Rescue, 726 F. Supp. 1483, 1489-1490 (E.D. Va. 1989), aff'd, 914 F.2d 582 (4th Cir. 1990), rev'd in part on other grounds, vacated in part sub nom. Bray v. Alexandria Women's Health Clinic, 113 S. Ct. 753 (1993). The evidence before Congress led it to conclude that the purpose of the conduct described above "is to eliminate . . . abortion services by closing clinics and intimidating doctors," and that this problem had reached national proportions. S. Rep. at 7, 11, 12, 14; H.R. Rep. at 6, 9. Congress also concluded that the enactment of an effective law to combat such conduct was necessary because existing state laws and local law enforcement were inadequate to prevent the violence and obstruction aimed at health care providers and patients. S.Rep. at 19, 21; H.R. Rep. at 6. Thus, Congress passed FACE in order to curtail "[a] nationwide campaign of anti-abortion blockades" and violence that was "barring access to facilities that provide abortion services," and to "protect and promote the public safety and health and activities affecting interstate commerce . . . from certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate or interfere with persons seeking to obtain or provide reproductive health services." S. Rep. at 3; H.R. Rep. at 6; accord H.R. Conf. Rep. No. 488, 103d Cong., 2d Sess. 7 (1994); Pub.L. 103-259 § 2. [updated February 1998] [cited in USAM 8-2.264]