OCTOBER TERM, 1999
Syllabus
certiorari to the supreme court of colorado
No. 98-1856. Argued January 19, 2000—Decided June 28, 2000
Colorado Rev. Stat. § 18-9-122(3) makes it unlawful for any person within
100 feet of a health care facility's entrance to "knowingly approach" within 8 feet of another person, without that person's consent, in order to pass "a leaflet or handbill to, displa[y] a sign to, or engag[e] in oral protest, education, or counseling with [that] person . . . ." Claiming that the statute was facially invalid, petitioners sought to enjoin its enforcement in state court. In dismissing the complaint, the District Judge held that the statute imposed content-neutral time, place, and manner restrictions narrowly tailored to serve a significant government interest under Ward v. Rock Against Racism, 491 U. S. 781, in that Colorado had not "adopted a regulation of speech because of disagreement with the message it conveys," id., at 791. The State Court of Appeals affirmed, and the State Supreme Court denied review. This Court vacated that judgment in light of its holding in Schenck v. Pro-Choice Network of Western N. Y., 519 U. S. 357, that an injunctive provision creating a speech-free floating buffer zone with a 15-foot radius violated the First Amendment. On remand, the Court of Appeals reinstated its judgment, and the State Supreme Court affirmed, distinguishing Schenck, concluding that the statute was narrowly drawn to further a significant government interest, rejecting petitioners' overbreadth challenge, and concluding that ample alternative channels of communication remained open to petitioners.
Held: Section 18-9-122(3)'s restrictions on speech-related conduct are constitutional. Pp. 714-735.
(a) Each side has legitimate and important concerns. Petitioners' First Amendment interests are clear and undisputed. On the other hand, the State's police powers allow it to protect its citizens' health and safety, and may justify a special focus on access to health care facilities and the avoidance of potential trauma to patients associated with confrontational protests. Moreover, rules providing specific guidance to enforcement authorities serve the interest in evenhanded application of the law. Also, the statute deals not with restricting a speaker's right to address a willing audience, but with protecting listeners from unwanted communication. Pp. 714-718.
(b) Section 18-9-122(3) passes the Ward content-neutrality test for three independent reasons. First, it is a regulation of places where
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