Madsen v. Women's Health Center, Inc., 512 U.S. 753, 51 (1994)

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Cite as: 512 U. S. 753 (1994)

Opinion of Scalia, J.

dation, threats, social ostracism, vilification, and traduction were devices used by the defendants to effectuate the boycott," 458 U. S., at 921 (internal quotation marks omitted), we carefully examined the record for factual support of the findings of liability. While affirming that a "judgment tailored to the consequences of [individuals'] unlawful conduct may be sustained," we said that "mere association with [a] group—absent a specific intent to further an unlawful aim embraced by that group—is an insufficient predicate for liability." Id., at 925-926. We said in conclusion that any characterization of a political protest movement as a violent conspiracy "must be supported by findings that adequately disclose the evidentiary basis for concluding that specific parties agreed to use unlawful means, that carefully identify the impact of such unlawful conduct, and that recognize the importance of avoiding the imposition of punishment for constitutionally protected activity." Id., at 933-934. Because this careful procedure had not been followed by the Mississippi courts, we set aside the entire judgment, including the injunction. Id., at 924, n. 67, 934.

B

I turn now to the Court's performance in the present case. I am content to evaluate it under the lax (intermediate-intermediate scrutiny) standard that the Court has adopted, because even by that distorted light it is inadequate.

The first step under the Court's standard would be, one should think, to identify the "significant government interest" that justifies the portions of the injunction it upheld, namely, the enjoining of speech in the 36-foot zone, and the making (during certain times) of " 'sounds . . . within earshot of the patients inside the [c]linic.' " Ante, at 772. At one point in its opinion, the Court identifies a number of government interests: the "interest in protecting a woman's freedom to seek lawful medical or counseling services," the "interest in ensuring the public safety and order, in promoting

803

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