the question we must answer in deciding the merit of this legislation is what distinguishes constitutionally protected speech from action. If you believe that obstructing a clinic entrance to prevent another individual from exercising his or her constitutional rights is speech, then you might oppose this bill. If, however, you believe, as I do, that obstructing a clinic is an action not protected by the free speech clause, then you should support this legislation. We have no disagreement on the primacy of the first amendment. The right to disagree--and to disagree quite vocally--is precious to our democracy. Abortion is an issue of paramount importance. And, it is an intensely controversial issue that demands a national dialogue. Free speech is predicated ultimately on the value the American people have historically accorded it. It is critical that we do all we can to protect and promote a fundamental respect for speech--for the right to disagree, the right to advocate and argue, and the right to protest. As Members of Congress, we are sworn to uphold this right. If I thought that this legislation infringed on the freedom of speech guaranteed in the Constitution and upheld by our courts over two centuries, I would vigorously oppose its enactment. But this legislation does not inhibit speech, it punishes conduct--the act of obstructing the free exercise of constitutional rights by others. Obstruction of a clinic is not speech--it is action.
Editor's note · Context
Debating the distinction between protected speech and obstructive actions related to abortion clinic access.
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