Hill v. Colorado, 530 U.S. 703, 3 (2000)

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Cite as: 530 U. S. 703 (2000)

Syllabus

See Heffron v. International Soc. for Krishna Consciousness, Inc., 452 U. S. 640. Pp. 725-730. (d) Section 18-9-122(3) is not overbroad. First, the argument that coverage is broader than the specific concern that led to the statute's enactment does not identify a constitutional defect. It is precisely because the state legislature made a general policy choice that the statute is assessed under Ward rather than a stricter standard. Second, the argument that the statute bans virtually the universe of protected expression is based on a misreading of the statute and an incorrect understanding of the overbreadth doctrine. The statute does not ban any forms of communication, but regulates the places where communications may occur; and petitioners have not, as the doctrine requires, persuaded the Court that the statute's impact on the conduct of other speakers will differ from its impact on their own sidewalk counseling, see Broadrick v. Oklahoma, 413 U. S. 601, 612, 615. Pp. 730-732.

(e) Nor is § 18-9-122(3) unconstitutionally vague, either because it fails to provide people with ordinary intelligence a reasonable opportunity to understand what it says or because it authorizes or encourages arbitrary and discriminatory enforcement, Chicago v. Morales, 527 U. S. 41, 56-57. The first concern is ameliorated by § 18-9-122(3)'s scienter requirement. It is unlikely that anyone would not understand the common words used in the statute, and hypothetical situations not before the Court will not support a facial attack on a statute that is surely valid in the vast majority of its intended applications. The Court is likewise unpersuaded that inadequate direction is given to law enforcement authorities. Indeed, one of § 18-9-122(3)'s virtues is the specificity of the definitions of the zones. Pp. 732-733.

(f) Finally, § 18-9-122(3)'s consent requirement does not impose a prior restraint on speech. This argument was rejected in both Schenck and Madsen v. Women's Health Center, Inc., 512 U. S. 753. Furthermore, "prior restraint" concerns relate to restrictions imposed by official censorship, but the regulations here only apply if the pedestrian does not consent to the approach. Pp. 733-735.

973 P. 2d 1246, affirmed.

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, in which O'Connor, Ginsburg, and Breyer, JJ., joined, post, p. 735. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 741. Kennedy, J., filed a dissenting opinion, post, p. 765.

Jay Alan Sekulow argued the cause for petitioners. With him on the briefs were James M. Henderson, Sr., Walter M.

705

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