Anti-Abortion Protesters Lose Free Exercise and Speech Claims

In two separate opinions, a Pennsylvania federal district court has rejected free exercise and free speech claims asserted by two anti-abortion protesters who were prevented by police officers from picketing in an alley that ran next to a York, Pennsylvania Planned Parenthood facility. The court held that the police officers' directives to the protesters were neutral and generally applicable, applying to picketers regardless of their views. The restrictions were narrowly tailored and permitted the protesters to carry signs and distribute literature on sidewalks near the building. There was no evidence that the restrictions were motivated by disagreement with the views of the protesters. The cases are McTernan v. Barth, 2007 U.S. Dist. LEXIS 78567 (MD PA, Oct. 23, 2007), and Snell v. Camacho, 2007 U.S. Dist. LEXIS 78516 (MD PA, Oct. 23, 2007). (See prior related posting.)