TEXAS
SUPREME COURT

(June 30, 1993), in the case of Ex Parte: Reverend Keith Tucci, declared that a proposed 100 foot “speech free zone” around abortion facilities violated the Constitution of the State of Texas. The Supreme Court of Texas issued the opinion:

Today our court continues to favor the growth and enhancement of freedom, not its constraint. The fact that vigorous debate of public issues in our society may produce speech considered obnoxious or offensive by some is a necessary cost of that freedom. Our Constitution calls on this court to maintain a commitment to expression that is strong and uncompromising for friend and foe alike.4069

United States District Court (July 1993), in the case of Black v. City of Atlanta, ordered the City of Atlanta, Georgia, to adopt procedures respecting the rights of pro-life protestors. The ruling encompassed:

1.     The fundamental rights of speech, press and religion includes the freedom to engage in prayer, conversation, oratory, display and/or distribution of literature, display of picket signs, reading of scriptures, singing and chanting.

2.     City authorities will not interfere with, restrict, or deny the rights of speech, press, or religion, unless an actual obstruction or impediment occurs. Circumstances where physical passage is possible, but discomfort with the messages of a speaker causes a person to avoid the abortion location, are not considered an obstruction or impediment.

3.     Public streets and public sidewalks located adjacent to abortion facilities in Atlanta are public forums. The City of Atlanta and its law enforcement personnel shall respect the exercise of free speech rights on these public forums.

Atlanta’s law enforcement personnel must allow the greatest tolerance for political and religious expression by its citizens. The Atlanta Police Department’s Field Manual will be revised to include the guidelines set forth in the court order. Copies of the court order will be distributed to all police zone and watch commanders.4070