home *** CD-ROM | disk | FTP | other *** search
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-880
- --------
- JUDY MADSEN, et al., PETITIONERS v. WOMEN'S
- HEALTH CENTER, INC., et al.
- on writ of certiorari to the supreme court of
- florida
- [June 30, 1994]
-
- Justice Souter, concurring.
- I join the Court's opinion and write separately only to
- clarify two matters in the record. First, the trial judge
- made reasonably clear that the issue of who was acting
- -in concert- with the named defendants was a matter to
- be taken up in individual cases, and not to be decided
- on the basis of protesters' viewpoints. See Tr. 40, 43,
- 93, 115, 119-120 (Apr. 12, 1993, Hearing). Second,
- petitioners themselves acknowledge that the governmen-
- tal interests in protection of public safety and order, of
- the free flow of traffic, and of property rights are
- reflected in Florida law. See Brief for Petitioners 17,
- and n. 7 (citing, e.g., Fla. Stat. 870.041-870.047 (1991)
- (public peace); Fla. Stat. 316.2045 (1991) (obstruction of
- public streets, highways, and roads)).
-