710
Opinion of the Court
protection from aggressive counselors who sometimes used strong and abusive language in face-to-face encounters.7 There was also evidence that emotional confrontations may adversely affect a patient's medical care.8 There was no evidence, however, that the "sidewalk counseling" conducted by petitioners in this case was ever abusive or confrontational.
The District Judge granted respondents' motion and dismissed the complaint. Because the statute had not actually been enforced against petitioners, he found that they only raised a facial challenge.9 He agreed with petitioners that their sidewalk counseling was conducted in a "quintessential" public forum, but held that the statute permissibly imposed content-neutral "time, place, and manner restrictions" that were narrowly tailored to serve a significant government interest, and left open ample alternative channels of communication.10 Relying on Ward v. Rock Against Rac-7 A nurse practitioner testified that some antiabortion protesters " 'yell, thrust signs in faces, and generally try to upset the patient as much as possible, which makes it much more difficult for us to provide care in a scary situation anyway.' " Hill v. Thomas, 973 P. 2d 1246, 1250 (Colo. 1999). A volunteer who escorts patients into and out of clinics testified that the protesters " 'are flashing their bloody fetus signs. They are yelling, "you are killing your baby." [T]hey are talking about fetuses and babies being dismembered, arms and legs torn off . . . a mother and her daughter . . . were immediately surrounded and yelled at and screamed at . . . .'" Id., at 1250-1251.
8 A witness representing the Colorado Coalition of Persons with Disabilities, who had had 35 separate surgeries in the preceding eight years, testified: "Each and every one is tough. And the night before and the morning of any medical procedure that's invasive is the toughest part of all. You don't need additional stressors [sic] placed on you while you're trying to do it. . . . We all know about our own personal faith. You don't need somebody standing in your face screaming at you when you are going in for what may be one of the most traumatic experiences of your life anyway. Why make it more traumatic?" App. 108.
9 App. to Pet. for Cert. 31a.
10 Id., at 32a.
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