United States Second Circuit

"Buffer zones" at abortion clinics under 18 USC 248(a)(1) of the Freedom of Access to Clinic Entrances Act are valid under the 1st Amendment, but using state nuisance law to expand those buffer zones to neighboring businesses is improper.

Appellate Information

• Argued 03/26/2001
• Decided 11/26/2001
• Published 11/27/2001

Judges

• STRAUB, Circuit Judge., Before:  McLAUGHLIN, F.I. PARKER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Vincent P. McCarthy, American Center for Law and Justice Northeast, Inc., New Milford, CT, for Appellant Michael Warren., Christopher A. Ferrara, American Catholic Lawyers Association, Inc., Ramsey, NJ, for Appellant Mary Melfi.


• For Appellees:
  
• Jennifer K. Brown, Assistant Attorney General, New York, NY, (Eliot Spitzer, Attorney General of New York, of counsel), for Appellee People of the State of New York., Lucinda M. Finley, State University of New York at Buffalo, Buffalo, NY, for Appellees Buffalo GYN Womenservices, Inc., Shalom Press, M.D., Planned Parenthood of the Rochester/Syracuse Region, Pro-Choice Network of Western New York, and Morris Wortman, M.D.