Pro-Life Action League

. . . because action speaks louder than words.

League history, NOW v. Scheidler, Action News, Joe Scheidler, League staff

Q & A on abortion, the unborn child, where we stand on the issues and more

Helping abortion-bound women choose life for their babies

Helping abortion-bound women choose life for their babies

Unmasking the truth about abortion in the public square

Our youth outreach, raising up a new generation of pro-life leaders

Abortion industry converts tell the inside story

News and commentary from the Pro-Life Action League

Home Sidewalk Counseling Your Rights

Know Your Rights as a Sidewalk Counselor

Many pro-lifers are unaware of precisely what their rights are to sidewalk counsel outside abortion facilities. Here we answer some of the most common questions about those rights:

Is sidewalk counseling a constitutional right?

Yes. The First Amendment to the U. S. Constitution protects the "freedom of speech."

The Supreme Court has repeatedly ruled that peaceful communication—such as spoken words, display of signs and leafleting—are all protected forms of free speech, especially in public places like sidewalks and parks.

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What if somebody tells me to "shut up" or to go away?

The right to free speech in public places does not depend upon the consent of the listeners. The Supreme Court has consistently ruled that speech cannot be censored simply because the speaker's message irritates or offends a listener.

In fact, the Supreme court has even mentioned the phrase, "Abortion is Murder," as an example of free speech. (Note: We don't recommend using that phrase as you approach an abortion-bound woman. It is intended to illustrate the extent of our rights.)

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Does the FACE bill outlaw sidewalk counseling?

No. The 1994 Freedom of Access to Clinic Entrances (FACE) Act does not prohibit sidewalk counseling. Read the full text of the bill here [PDF].

FACE makes it a federal offense when someone "by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with" any person because that person is "obtaining or providing reproductive health services."

FACE specifically exempts "any expressive conduct (including peaceful picketing or other peaceful demonstration protected by the First Amendment." A sidewalk counselor who uses neither force, nor threats of force, nor physical obstruction, does not violate FACE.

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What about the injunction in the NOW v. Scheidler case?

As the result of the jury decision in NOW v. Scheidler Judge David Coar issued a nationwide injunction in 1999, limiting some activities at abortion clinics.

However, as of 2006, when Joe Scheidler won the NOW v. Scheidler lawsuit with a 9-0 Supreme Court victory, the injunction has been defunct and does not limit pro-life activity.

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