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One_Life_To_Give

(6,036 posts)
3. The question seems to be about the size of the buffer
Wed Jan 15, 2014, 06:32 PM
Jan 2014

Must the state demonstrate the buffer distance is the minimum to prevent Violence and Obstruction. Or does the state have a right to enact a larger buffer?

I wouldn't be surprised to see some sort of "test" come out where the State was compelled to demonstrate it's requirement was the minimum to protect another fundamental right. That is to say the State can only restrict the abortion protestor to the extent required to ensure the patients can access their healthcare provider/service. Which is probably closer than we would like, but may be the best we can get.

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