Cite as: 530 U. S. 703 (2000)
Opinion of the Court
of our wisest Justices characterized as "the most comprehensive of rights and the right most valued by civilized men." Olmstead v. United States, 277 U. S. 438, 478 (1928) (Brandeis, J., dissenting).24 The right to avoid unwelcome speech has special force in the privacy of the home, Rowan v. Post Office Dept., 397 U. S. 728, 738 (1970), and its immediate surroundings, Frisby v. Schultz, 487 U. S., at 485, but can also be protected in confrontational settings. Thus, this comment on the right to free passage in going to and from work applies equally—or perhaps with greater force—to access to a medical facility:
"How far may men go in persuasion and communication and still not violate the right of those whom they would influence? In going to and from work, men have a right to as free a passage without obstruction as the streets afford, consistent with the right of others to enjoy the same privilege. We are a social people and the accosting by one of another in an inoffensive way and an offer by one to communicate and discuss information with a view to influencing the other's action are not regarded as aggression or a violation of that other's rights. If, however, the offer is declined, as it may rightfully be, then persistence, importunity, following and dogging become unjustifiable annoyance and obstruction which is likely soon to savor of intimidation. From all of this the person sought to be influenced has a right to be free, and his employer has a right to have him free." American Steel Foundries v. Tri-City Central Trades Council, 257 U. S. 184, 204 (1921).
We have since recognized that the "right to persuade" discussed in that case is protected by the First Amendment, Thornhill v. Alabama, 310 U. S. 88 (1940), as well as by fed-24 This common-law "right" is more accurately characterized as an "interest" that States can choose to protect in certain situations. See Katz v. United States, 389 U. S. 347, 350-351 (1967).
717
Page: Index Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: October 4, 2007