Supplementing the Assumed Definitions: A Commentary on Professor Brownstein's Analysis of Abortion Protest Restrictions

13 Pages Posted: 14 Aug 2017

See all articles by Leslie Gielow Jacobs

Leslie Gielow Jacobs

University of the Pacific - McGeorge School of Law

Date Written: January 15, 1996

Abstract

This Commentary agrees with Professor Brownstein's analysis of the proper scope of abortion protest speech restrictions in many respects. But crucial to applying the general analyses are the definitions contained within them. This Commentary proposes that several of the definitions assumed within Professor Brownstein's analysis and the analysis of courts that have reviewed the Freedom of Access to Clinic Entrances (FACE) Act are too narrowly understood. Instead, there is a supplementary concept appropriate to each. These are to add “impact” to the definition of viewpoint discrimination, add “equality” to the definition of the abortion right, and add “women's perspective” to the definition of a threat within the FACE Act.

Keywords: Constitution, First Amendment, Free Speech, Abortion, FACE Act, Viewpoint Discrimination

Suggested Citation

Jacobs, Leslie Gielow, Supplementing the Assumed Definitions: A Commentary on Professor Brownstein's Analysis of Abortion Protest Restrictions (January 15, 1996). UC Davis Law Review, Vol. 29, p. 639, 1996, Pacific McGeorge School of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3017518

Leslie Gielow Jacobs (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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