Con Law Hill V Colorado Essay Research

Con Law: Hill V. Colorado Essay, Research Paper

Justice Doyle delivered the Opinion of the Court.

We granted certiorari in Hill v. Colorado in order to determine whether a section of a six-pronged Colorado statute, which prevents intimidation and potential obstruction outside, and around any health care facility entrance, conflicts with the First Amendment of the United States Constitution. The Petitioners Leila Jeanne Hill, Audrey Himmelmann, and Everitt W. Simpson, Jr., are sidewalk counselors who give information on abortion alternatives to women entering abortion clinics, contest section three of the Colorado statute 18-9-122, C.R.S.. The section provides that:

“ (3) No person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a health care facility.”

The Petitioners educate the people entering the clinics by distributing leaflets, displaying posters, and speaking to the people as they pass. They believe that since the passing of the third section of the statute the effectiveness of their efforts has greatly diminished, and their First Amendment rights have been violated.

The Colorado District Court found that the statute was valid by using the Ward test set out by this court in Ward v. Rock Against Racism, 491 U.S. 781 (1989). In using this test they found the statute to be content-neutral because “it does not govern the subject matter of the message.” Next they found the statute to be narrowly tailored to a significant governmental interest, finding that the statute protected those who were seeking access to the health care facility. Thirdly the Court found that it left open enough alternative methods of communication. The Colorado District Court also addressed the questions of the statute’s vagueness, over broadness, and being a prior restraint. The Court rejected all of the Plaintiffs arguments on these questions, and found the case not to be vague, over broad, or a prior restraint and dismissed the complaint placed by the Plaintiffs. Hill v. Thomas No. 93-CV-1984 (1994)

The case then went before the Colorado Court of Appeals which affirmed the trial court’s decision. The Court of Appeals cited this Court’s decision in Madsen v. Women’s Health Center, Inc., 512 U.S. 753 (1994). They found the statute to content-neutral because it was applied equally to demonstrators on both sides of the issue, and because it did not depend on the viewpoint of any demonstrator individually. Secondly, they found the statute to be narrowly tailored due to the fact that it was solely directed at depriving protestors the opportunity to make physical contact with, and intimidate the patients or the staff. They also found that the statute left ample alternative methods to convey their ideas to the people. The Court of Appeals found as did the District Court that the statute was not vague, over broad, or a prior restraint. Hill v. City of Lakewood, 911 P.2d 670 (1995)

After being remanded back to the Court of Appeals by this Court see Hill v. Colorado 117 S.Ct. 1077 (1997) in light of the Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357 (1997) decision. The Court of Appeals utilized the Ward test as was approved in the decisions of Madsen and Schenck. The Court found that the statute differed from the injunction that was deemed invalid in Schenck. They concluded that it was reasonable to require demonstrators to keep a distance of eight feet away, so that someone with a physical disability would have unimpeded access to a medical clinic. And the protestors would still be able to vocally express their opinions in a normal conversational voice. Hill v. City of Lakewood 949 P.2d 107 (1997)

The case then went before the Colorado Supreme Court where the affirmed the Court of Appeals latest decision. The single focus before the Colorado Supreme Court was whether or not the Court of Appeals had erred in its decision holding the statute constitutional in light of Schenck. Although the Ward test requires that there need only be a substantial governmental interest to sustain the statute. The Colorado Supreme Court found the right of access to a medical facility to be a fundamental right relying on this Courts previous decisions that the right to privacy extends to medical decisions. The Colorado Supreme Court then reviewed our decision in Schenck, and concluded that the statute was valid for two reasons. First, as expressed in Madsen, the statute was to be judged on a less stringent Ward test. The Petitioners in this case conceded to this. Second, the statute was drawn more narrowly then the Schenck injunction, and it was a valid time, place, and manner restriction. Hill v. Thomas 973 P. 2d 1246 (1999)

This now leaves us where we are today. The questions being put forth before the Court is (1) whether the Colorado Supreme Court was correct in holding the statute constitutional as a reasonable statutory regulation of the time, place, or manner of expressive activity. (2) Is the statute unconstitutional due to vagueness, or being over broad. (3) Is the statute unconstitutional due to being a prior restraint.