Madsen v. Women's Health Center, Inc., 512 U.S. 753, 54 (1994)

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806

MADSEN v. WOMEN'S HEALTH CENTER, INC.

Opinion of Scalia, J.

at 915-916, n. 50; Edwards v. South Carolina, 372 U. S. 229, 235 (1963); Fiske v. Kansas, 274 U. S. 380, 385-386 (1927); see also Bose Corp. v. Consumers Union of United States, Inc., 466 U. S. 485, 517 (1984) (Rehnquist, J., dissenting). Let us proceed, then, to the inquiry the Court neglected. In the amended permanent injunction the trial court found that

"despite the injunction of September 30, 1992, there has been interference with ingress to the petitioners' facility . . . . [in] the form of persons on the paved portions of Dixie Way, some standing without any obvious relationship to others; some moving about, again without any obvious relationship to others; some holding signs, some not; some approaching, apparently trying to communicate with the occupants of motor vehicles moving on the paved surface; some marching in a circular picket line that traversed the entrance driveways to the two parking lots of the petitioners and the short section of sidewalk joining the two parking lots and then entering the paved portion of the north lane of Dixie Way and returning in the opposite direction. . . . Other persons would be standing, kneeling and sitting on the unpaved shoulders of the public right-of-way. As vehicular traffic approached the area it would, in response to the congestion, slow down. If the destination of such traffic was either of the two parking lots of the petitioners, such traffic slowed even more, sometimes having to momentarily hesitate or stop until persons in the driveway moved out of the way." Amended Permanent Injunction ¶ A.

"As traffic slowed on Dixie Way and began its turn into the clinic's driveway, the vehicle would be approached by persons designated by the respondents as sidewalk counselors attempting to get the attention of the vehicles' occupants to give them anti-abortion literature and to urge them not to use the clinic's services. Such so-called sidewalk counselors were assisted in ac-

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