Cite as: 530 U. S. 703 (2000)
Kennedy, J., dissenting
v. Pro-Choice Network of Western N. Y., 519 U. S. 357 (1997); Thornburgh v. American College of Obstetricians and Gynecologists, 476 U. S. 747 (1986). Today's distortions, however, are particularly blatant. Restrictive views of the First Amendment that have been in dissent since the 1930's suddenly find themselves in the majority. "Uninhibited, robust, and wide open" debate is replaced by the power of the State to protect an unheard-of "right to be let alone" on the public streets. I dissent.
Justice Kennedy, dissenting.
The Court's holding contradicts more than a half century of well-established First Amendment principles. For the first time, the Court approves a law which bars a private citizen from passing a message, in a peaceful manner and on a profound moral issue, to a fellow citizen on a public sidewalk. If from this time forward the Court repeats its grave errors of analysis, we shall have no longer the proud tradition of free and open discourse in a public forum. In my view, Justice Scalia's First Amendment analysis is correct and mandates outright reversal. In addition to undermining established First Amendment principles, the Court's decision conflicts with the essence of the joint opinion in Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992). It seems appropriate in these circumstances to reinforce Justice Scalia's correct First Amendment conclusions and to set forth my own views.
I
The Court uses the framework of Ward v. Rock Against Racism, 491 U. S. 781 (1989), for resolution of the case. The Court wields the categories of Ward so that what once were rules to protect speech now become rules to restrict it. This is twice unfortunate. The rules of Ward are diminished in value for later cases; and the Ward analysis ought not have been undertaken at all. To employ Ward's com-
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