Wednesday, December 09, 2020

10th Circuit Allows Enforcement of Disturbing-the-Peace Law Against Abortion Protesters

In Harmon v. City of Norman, (10th Cir., Dec. 7, 2020), the U.S. 10th Circuit Court of Appeals upheld a district court's refusal to enjoin during the pendency of litigation the use of Norman, Oklahoma's disturbing-the-peace ordinance against anti-abortion protesters. The court held that the ordinance is a neutral and narrowly-tailored time, place and manner regulation that does not violate the 1st Amendment. The court also rejected vagueness and overbreadth claims.