360
Syllabus
an effort to enhance petitioners' speech rights. Moreover, the "cease and desist" provision is not content based simply because it allows a patient to terminate a protester's right to speak when the patient disagrees with the message being conveyed. Counselors remain free to espouse their message outside the 15-foot zone, and the condition on their freedom to espouse it within the zone is the result of their own previous harassment and intimidation of patients. Pp. 380-385. 67 F. 3d 377, affirmed in part, reversed in part, and remanded.
Rehnquist, C. J., delivered the opinion for a unanimous Court with respect to Parts I and II-A, the opinion of the Court with respect to Part II-C, in which Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined, and the opinion of the Court with respect to Parts II-B and II-D, in which Stevens, O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in part and dissenting in part, in which Kennedy and Thomas, JJ., joined, post, p. 385. Breyer, J., filed an opinion concurring in part and dissenting in part, post, p. 395.
Jay Alan Sekulow argued the cause for petitioners. With him on the briefs were Vincent P. McCarthy, Joseph P. Secola, Thomas P. Monaghan, James M. Henderson, Sr., Walter M. Weber, Keith A. Fournier, and John G. Stepanovich.
Lucinda M. Finley argued the cause for respondents. With her on the brief were Martha F. Davis and Deborah A. Ellis.
Acting Solicitor General Dellinger argued the cause for
the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Patrick, Deputy Solicitor General Bender, Beth S. Brinkmann, and Jessica Dunsay Silver.*
*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union Foundation of Florida, Inc., et al. by James K. Green and Richard A. Waples; for the Family Research Council by Cathleen A. Cleaver; for Liberty Counsel by Mathew D. Staver; and for the Rutherford Institute by Anne-Marie Amiel and John W. Whitehead.
Briefs of amici curiae urging affirmance were filed for the State of Connecticut et al. by Richard Blumenthal, Attorney General of Connecticut, and Jennifer C. Jaff, Assistant Attorney General, joined by the Attorneys General for their respective jurisdictions as follows: Gale A. Norton
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