Hill v. Colorado, 530 U.S. 703, 23 (2000)

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

Opinion of the Court

joined, was obviously enacted in response to the activities of antiabortion protesters who wanted to protest at the home of a particular doctor to persuade him and others that they viewed his practice of performing abortions to be murder. We nonetheless summarily concluded that the statute was content neutral. Id., at 482.

Justice Kennedy further suggests that a speaker who approaches a patient and "chants in praise of the Supreme Court and its abortion decisions," or hands out a simple leaflet saying, " 'We are for abortion rights,' " would not be subject to the statute. Post, at 769. But what reason is there to believe the statute would not apply to that individual? She would be engaged in "oral protest" and "education," just as the abortion opponent who expresses her view that the Supreme Court decisions were incorrect would be "protest[ing]" the decisions and "educat[ing]" the patient on the issue. The close approach of the latter, more hostile, demonstrator may be more likely to risk being perceived as a form of physical harassment; but the relevant First Amendment point is that the statute would prevent both speakers, unless welcome, from entering the 8-foot zone. The statute is not limited to those who oppose abortion. It applies to the demonstrator in Justice Kennedy's example. It applies to all "protest," to all "counseling," and to all demonstrators whether or not the demonstration concerns abortion, and whether they oppose or support the woman who has made an abortion decision. That is the level of neutrality that the Constitution demands.

The Colorado courts correctly concluded that § 18-9- 122(3) is content neutral.

IV

We also agree with the state courts' conclusion that § 18- 9-122(3) is a valid time, place, and manner regulation under the test applied in Ward because it is "narrowly tailored." We already have noted that the statute serves governmental interests that are significant and legitimate and that the re-

725

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