July 3, 2022

EUGENE VOLOKH:

I’ve seen some people argue that the Supreme Court’s objection to the picketing of Justices’ homes about abortion is inconsistent with the Court’s upholding the right to picket outside abortion clinics, or stressing the right to protest more broadly.

It’s worth noting, though, that bans on residential picketing have been particularly useful to, among other people, abortion providers. Frisby v. Schultz (1988), upheld a content-neutral ban on targeted picketing that was prompted by picketing “outside the … residence of a doctor who apparently performs abortions.” That opinion was written by Justice O’Connor, and joined by Chief Justice Rehnquist and Justices Blackmun, Kennedy, and Scalia; Justice White concurred as to the principle. Justices Brennan, Marshall, and Stevens dissented.

Read the whole thing.

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