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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- 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]
-
- Chief Justice Rehnquist delivered the opinion of the
- Court.
- Petitioners challenge the constitutionality of an injunc-
- tion entered by a Florida state court which prohibits
- antiabortion protestors from demonstrating in certain
- places and in various ways outside of a health clinic
- that performs abortions. We hold that the establishment
- of a 36-foot buffer zone on a public street from which
- demonstrators are excluded passes muster under the
- First Amendment, but that several other provisions of
- the injunction do not.
-
- I
- Respondents operate abortion clinics throughout
- central Florida. Petitioners and other groups and
- individuals are engaged in activities near the site of one
- such clinic in Melbourne, Florida. They picketed and
- demonstrated where the public street gives access to the
- clinic. In September 1992, a Florida state court perma-
- nently enjoined petitioners from blocking or interfering
- with public access to the clinic, and from physically
- abusing persons entering or leaving the clinic. Six
- months later, respondents sought to broaden the injunc-
- tion, complaining that access to the clinic was still
- impeded by petitioners' activities and that such activities
- had also discouraged some potential patients from
- entering the clinic, and had deleterious physical effects
- on others. The trial court thereupon issued a broader
- injunction, which is challenged here.
- The court found that, despite the initial injunction,
- protesters continued to impede access to the clinic by
- congregating on the paved portion of the street-Dixie
- Way-leading up to the clinic, and by marching in front
- of the clinic's driveways. It found that as vehicles
- heading toward the clinic slowed to allow the protesters
- to move out of the way, -sidewalk counselors- would
- approach and attempt to give the vehicle's occupants
- antiabortion literature. The number of people congre-
- gating varied from a handful to 400, and the noise
- varied from singing and chanting to the use of loud-
- speakers and bullhorns.
- The protests, the court found, took their toll on the
- clinic's patients. A clinic doctor testified that, as a
- result of having to run such a gauntlet to enter the
- clinic, the patients -manifested a higher level of anxiety
- and hypertension causing those patients to need a
- higher level of sedation to undergo the surgical proce-
- dures, thereby increasing the risk associated with such
- procedures.- App. 54. The noise produced by the
- protestors could be heard within the clinic, causing
- stress in the patients both during surgical procedures
- and while recuperating in the recovery rooms. And
- those patients who turned away because of the crowd to
- return at a later date, the doctor testified, increased
- their health risks by reason of the delay.
- Doctors and clinic workers, in turn, were not immune
- even in their homes. Petitioners picketed in front of
- clinic employees' residences; shouted at passersby; rang
- the doorbells of neighbors and provided literature
- identifying the particular clinic employee as a -baby
- killer.- Occasionally, the protestors would confront
- minor children of clinic employees who were home alone.
- This and similar testimony led the state court to
- conclude that its original injunction had proved insuffi-
- cient -to protect the health, safety and rights of women
- in Brevard and Seminole County, Florida, and surround-
- ing counties seeking access to [medical and counseling]
- services.- Id., at 5. The state court therefore amended
- its prior order, enjoining a broader array of activities.
- The amended injunction prohibits petitioners from
- engaging in the following acts:
- -(1) At all times on all days, from entering the
- premises and property of the Aware Woman Center
- for Choice [the Melbourne clinic] . . . .
- -(2) At all times on all days, from blocking, imped-
- ing, inhibiting, or in any other manner obstructing
- or interfering with access to, ingress into and egress
- from any building or parking lot of the Clinic.
- -(3) At all times on all days, from congregating,
- picketing, patrolling, demonstrating or entering that
- portion of public right-of-way or private property
- within [36] feet of the property line of the Clinic
- . . . . An exception to the 36 foot buffer zone is the
- area immediately adjacent to the Clinic on the east
- . . . . The [petitioners] . . . must remain at least [5]
- feet from the Clinic's east line. Another exception
- to the 36 foot buffer zone relates to the record title
- owners of the property to the north and west of the
- Clinic. The prohibition against entry into the 36
- foot buffer zones does not apply to such persons and
- their invitees. The other prohibitions contained
- herein do apply, if such owners and their invitees
- are acting in concert with the [petitioners]. . . .
- -(4) During the hours of 7:30 a.m. through noon,
- on Mondays through Saturdays, during surgical
- procedures and recovery periods, from singing,
- chanting, whistling, shouting, yelling, use of bull-
- horns, auto horns, sound amplification equipment or
- other sounds or images observable to or within
- earshot of the patients inside the Clinic.
- -(5) At all times on all days, in an area within
- [300] feet of the Clinic, from physically approaching
- any person seeking the services of the Clinic unless
- such person indicates a desire to communicate by
- approaching or by inquiring of the [petitioners]. . . .
- -(6) At all times on all days, from approaching,
- congregating, picketing, patrolling, demonstrating or
- using bullhorns or other sound amplification equip-
- ment within [300] feet of the residence of any of the
- [respondents'] employees, staff, owners or agents, or
- blocking or attempting to block, barricade, or in any
- other manner, temporarily or otherwise, obstruct the
- entrances, exits or driveways of the residences of
- any of the [respondents'] employees, staff, owners or
- agents. The [petitioners] and those acting in concert
- with them are prohibited from inhibiting or imped-
- ing or attempting to impede, temporarily or other-
- wise, the free ingress or egress of persons to any
- street that provides the sole access to the street on
- which those residences are located.
- -(7) At all times on all days, from physically abus-
- ing, grabbing, intimidating, harassing, touching,
- pushing, shoving, crowding or assaulting persons
- entering or leaving, working at or using services at
- the [respondents'] Clinic or trying to gain access to,
- or leave, any of the homes of owners, staff or
- patients of the Clinic.
- -(8) At all times on all days, from harassing,
- intimidating or physically abusing, assaulting or
- threatening any present or former doctor, health
- care professional, or other staff member, employee or
- volunteer who assists in providing services at the
- [respondents'] Clinic.
- -(9) At all times on all days, from encouraging,
- inciting, or securing other persons to commit any of
- the prohibited acts listed herein.- Operation Rescue
- v. Women's Health Center, Inc., 626 So. 2d 664,
- 679-680 (Fla. 1993).
- The Florida Supreme Court upheld the constitutional-
- ity of the trial court's amended injunction. 626 So. 2d
- 664. That court recognized that the forum at issue,
- which consists of public streets, sidewalks, and rights-of-
- way, is a traditional public forum. Id., at 671, citing
- Frisby v. Schultz, 487 U. S. 474, 480 (1988). It then
- determined that the restrictions are content neutral, and
- it accordingly refused to apply the heightened scrutiny
- dictated by Perry Education Assn. v. Perry Local
- Educators' Assn., 460 U. S. 37, 45 (1983) (To enforce a
- content-based exclusion the State must show that its
- regulation is necessary to serve a compelling state
- interest and that it is narrowly drawn to achieve that
- end). Instead, the court analyzed the injunction to
- determine whether the restrictions are -narrowly tailored
- to serve a significant government interest, and leave
- open ample alternative channels of communication.- Id.,
- at 45. It concluded that they were.
- Shortly before the Florida Supreme Court's opinion
- was announced, the United States Court of Appeals for
- the Eleventh Circuit heard a separate challenge to the
- same injunction. The Court of Appeals struck down the
- injunction, characterizing the dispute as a clash -be-
- tween an actual prohibition of speech and a potential
- hinderance to the free exercise of abortion rights.-
- Cheffer v. McGregor, 6 F. 3d 705, 711 (1993). It stated
- that the asserted interests in public safety and order
- were already protected by other applicable laws and that
- these interests could be protected adequately without
- infringing upon the First Amendment rights of others.
- Ibid. The Court of Appeals found the injunction to be
- content based and neither necessary to serve a compel-
- ling state interest nor narrowly drawn to achieve that
- end. Ibid., citing Carey v. Brown, 447 U. S. 455,
- 461-462 (1980). We granted certiorari, 510 U. S. ___
- (1994), to resolve the conflict between the Florida
- Supreme Court and the Court of Appeals over the
- constitutionality of the state court's injunction.
-
- II
- We begin by addressing petitioners' contention that
- the state court's order, because it is an injunction that
- restricts only the speech of antiabortion protesters, is
- necessarily content or viewpoint based. Accordingly,
- they argue, we should examine the entire injunction
- under the strictest standard of scrutiny. See Perry
- Education Assn., supra, at 45. We disagree. To accept
- petitioners' claim would be to classify virtually every
- injunction as content or viewpoint based. An injunction,
- by its very nature, applies only to a particular group (or
- individuals) and regulates the activities, and perhaps the
- speech, of that group. It does so, however, because of
- the group's past actions in the context of a specific
- dispute between real parties. The parties seeking the
- injunction assert a violation of their rights; the court
- hearing the action is charged with fashioning a remedy
- for a specific deprivation, not with the drafting of a
- statute addressed to the general public.
- The fact that the injunction in the present case did
- not prohibit activities of those demonstrating in favor of
- abortion is justly attributable to the lack of any similar
- demonstrations by those in favor of abortion, and of any
- consequent request that their demonstrations be regu-
- lated by injunction. There is no suggestion in this record
- that Florida law would not equally restrain similar
- conduct directed at a target having nothing to do with
- abortion; none of the restrictions imposed by the court
- were directed at the contents of petitioner's message.
- Our principal inquiry in determining content neutrality
- is whether the government has adopted a regulation
- of speech -without reference to the content of the
- regulated speech.- Ward v. Rock Against Racism, 491
- U. S. 781, 791 (1989) (internal quotation marks omitted)
- (upholding noise regulations); R. A. V. v. St. Paul, 505
- U. S. ___, ___ (1992) (slip op., at 8) (-The government
- may not regulate [speech] based on hostility-or
- favoritism-towards the underlying message expressed-);
- see also Arkansas Writer's Project, Inc. v. Ragland, 481
- U. S. 221, 230 (1987); Regan v. Time, Inc., 468 U. S.
- 641, 648-649 (1984); Metromedia, Inc. v. San Diego, 453
- U. S. 490, 514-515 (1981) (plurality); Carey v. Brown,
- 447 U. S. 455, 466-468 (1980). We thus look to the
- government's purpose as the threshold consideration.
- Here, the state court imposed restrictions on petitioners
- incidental to their antiabortion message because they
- repeatedly violated the court's original order. That
- petitioners all share the same viewpoint regarding
- abortion does not in itself demonstrate that some
- invidious content- or viewpoint-based purpose motivated
- the issuance of the order. It suggests only that those in
- the group whose conduct violated the court's order
- happen to share the same opinion regarding abortions
- being performed at the clinic. In short, the fact that the
- injunction covered people with a particular viewpoint
- does not itself render the injunction content or viewpoint
- based. See Boos v. Barry, 485 U. S. 312 (1988).
- Accordingly, the injunction issued in this case does not
- demand the level of heightened scrutiny set forth in
- Perry Education Assn., 460 U. S., at 45. And we
- proceed to discuss the standard which does govern.
-
- III
- If this were a content-neutral, generally applicable
- statute, instead of an injunctive order, its constitutional-
- ity would be assessed under the standard set forth in
- Ward v. Rock Against Racism, supra, at 791, and similar
- cases. Given that the forum around the clinic is a
- traditional public forum, see Frisby v. Schultz, 487
- U. S., at 480, we would determine whether the time,
- place, and manner regulations were -narrowly tailored
- to serve a significant governmental interest.- Ward,
- supra, at 791. See also Perry Education Assn., supra, at
- 45.
- There are obvious differences, however, between an
- injunction and a generally applicable ordinance. Ordi-
- nances represent a legislative choice regarding the
- promotion of particular societal interests. Injunctions,
- by contrast, are remedies imposed for violations (or
- threatened violations) of a legislative or judicial decree.
- See United States v. W. T. Grant Co., 345 U. S. 629,
- 632-633 (1953). Injunctions also carry greater risks of
- censorship and discriminatory application than do
- general ordinances. -[T]here is no more effective practi-
- cal guaranty against arbitrary and unreasonable govern-
- ment than to require that the principles of law which
- officials would impose upon a minority must be imposed
- generally.- Railway Express Agency, Inc. v. New York,
- 336 U. S. 106, 112-113 (1949). Injunctions, of course,
- have some advantages over generally applicable statutes
- in that they can be tailored by a trial judge to afford
- more precise relief than a statute where a violation of
- the law has already occurred. United States v. Paradise,
- 480 U. S. 149 (1987).
- We believe that these differences require a somewhat
- more stringent application of general First Amendment
- principles in this context. In past cases evaluating
- injunctions restricting speech, see, e.g., NAACP v.
- Claiborne Hardware Co., 458 U. S. 886 (1982), Milk
- Wagon Drivers v. Meadowmoor Dairies, Inc., 312 U. S.
- 287 (1941), we have relied upon such general principles
- while also seeking to ensure that the injunction was no
- broader than necessary to achieve its desired goals. See
- Carroll v. President and Comm'rs of Princess Anne, 393
- U. S. 175 (1968); Claiborne Hardware, supra, at 912,
- n. 47. Our close attention to the fit between the
- objectives of an injunction and the restrictions it imposes
- on speech is consistent with the general rule, quite
- apart from First Amendment considerations, -that
- injunctive relief should be no more burdensome to the
- defendants than necessary to provide complete relief to
- the plaintiffs.- Califano v. Yamasaki, 442 U. S. 682,
- 702 (1979). See also Dayton Bd. of Ed. v. Brinkman,
- 433 U. S. 406, 418-420 (1977). Accordingly, when
- evaluating a content-neutral injunction, we think that
- our standard time, place, and manner analysis is not
- sufficiently rigorous. We must ask instead whether the
- challenged provisions of the injunction burden no more
- speech than necessary to serve a significant government
- interest. See, e.g., Claiborne Hardware, supra, at 916
- (when sanctionable -conduct occurs in the context of
- constitutionally protected activity . . . `precision of
- regulation' is demanded-) (quoting NAACP v. Button,
- 371 U. S. 415, 438 (1963)); 458 U. S., at 916, n. 52
- (citing Carroll, supra, and Keyishian v. Board of Regents,
- State Univ. of N.Y., 385 U. S. 589, 604 (1967)); Carroll,
- supra, at 183-184.
- Both Justice Stevens and Justice Scalia disagree
- with the standard we announce, for policy reasons. See
- post, at 2 (Stevens, J.); post, at 8-14 (Scalia, J.).
- Justice Stevens believes that -injunctive relief should
- be judged by a more lenient standard than legislation,-
- because injunctions are imposed on individuals or groups
- who have engaged in illegal activity. Post, at 2.
- Justice Scalia, by contrast, believes that content-
- neutral injunctions are -at least as deserving of strict
- scrutiny as a statutory, content-based restriction.- Post,
- at 9. Justice Scalia bases his belief on the danger
- that injunctions, even though they might not -attack
- content as content,- may be used to suppress particular
- ideas; that individual judges should not be trusted to
- impose injunctions in this context; and that an injunc-
- tion is procedurally more difficult to challenge than a
- statute. Post, at 9-11. We believe that consideration of
- all of the differences and similarities between statutes
- and injunctions supports, as a matter of policy, the
- standard we apply here.
- Justice Scalia further contends that precedent
- compels the application of strict scrutiny in this case.
- Under that standard, we ask whether a restriction is
- -`necessary to serve a compelling state interest and [is]
- narrowly drawn to achieve that end.'- Post, at 7
- (quoting Perry Education Assn., 460 U. S., at 45).
- Justice Scalia fails to cite a single case, and we are
- aware of none, in which we have applied this standard
- to a content-neutral injunction. He cites a number of
- cases in which we have struck down, with little or no
- elaboration, prior restraints on free expression. See
- post, at 15 (citing cases). As we have explained,
- however, we do not believe that this injunction consti-
- tutes a prior restraint, and we therefore believe that the
- -heavy presumption- against its constitutionality does
- not obtain here. See n. 2, supra.
- Justice Scalia also relies on Claiborne Hardware and
- Carroll for support of his contention that our precedent
- requires the application of strict scrutiny in this context.
- In Claiborne Hardware, we stated simply that -precision
- of regulation- is demanded. See 458 U. S., at 916
- (internal quotation marks omitted). Justice Scalia
- reads this case to require -surgical precision- of regula-
- tion, post, at 16, but that was not the adjective chosen
- by the author of the Court's opinion, Justice Stevens.
- We think a standard requiring that an injunction
- -burden no more speech than necessary- exemplifies
- -precision of regulation.-
- As for Carroll, Justice Scalia believes that the
- -standard- adopted in that case -is strict scrutiny,-
- which -does not remotely resemble the Court's new
- proposal.- Post, at 17. Comparison of the language
- used in Carroll and the wording of the standard we
- adopt, however, belies Justice Scalia's exaggerated
- contention. Carroll, for example, requires that an
- injunction be -couched in the narrowest terms that will
- accomplish the pin-pointed objective- of the injunction.
- 393 U. S., at 183. We require that the injunction
- -burden no more speech than necessary- to accomplish
- its objective. We fail to see a difference between the
- two standards.
- The Florida Supreme Court concluded that numerous
- significant government interests are protected by the
- injunction. It noted that the State has a strong interest
- in protecting a woman's freedom to seek lawful medical
- or counseling services in connection with her pregnancy.
- See Roe v. Wade, 410 U. S. 113 (1973); In re T. W., 551
- So. 2d 1186, 1193 (Fla. 1989). The State also has a
- strong interest in ensuring the public safety and order,
- in promoting the free flow of traffic on public streets
- and sidewalks, and in protecting the property rights of
- all its citizens. 626 So. 2d, at 672. In addition, the
- court believed that the State's strong interest in residen-
- tial privacy, acknowledged in Frisby v. Schultz, 487
- U. S. 474 (1988), applied by analogy to medical privacy.
- 626 So. 2d, at 672. The court observed that while
- targeted picketing of the home threatens the psychologi-
- cal well-being of the -captive- resident, targeted picket-
- ing of a hospital or clinic threatens not only the psycho-
- logical, but the physical well-being of the patient held
- -captive- by medical circumstance. Id., at 673. We
- agree with the Supreme Court of Florida that the
- combination of these governmental interests is quite
- sufficient to justify an appropriately tailored injunction
- to protect them. We now examine each contested
- provision of the injunction to see if it burdens more
- speech than necessary to accomplish its goal.
-
- A
-
- 1
- We begin with the 36-foot buffer zone. The state
- court prohibited petitioners from -congregating, picket-
- ing, patrolling, demonstrating or entering- any portion
- of the public right-of-way or private property within 36
- feet of the property line of the clinic as a way of
- ensuring access to the clinic. This speech-free buffer
- zone requires that petitioners move to the other side of
- Dixie Way and away from the driveway of the clinic,
- where the state court found that they repeatedly had
- interfered with the free access of patients and staff.
- App to Pet. for Cert. B-2, B-3. See Cameron v. John-
- son, 390 U. S. 611 (1968) (upholding statute which
- prohibited picketing that obstructed or unreasonably
- interfered with ingress or egress to or from public
- buildings, including courthouses, and with traffic on the
- adjacent street sidewalks). The buffer zone also applies
- to private property to the north and west of the clinic
- property. We examine each portion of the buffer zone
- separately.
- We have noted a distinction between the type of
- focused picketing banned from the buffer zone and the
- type of generally disseminated communication that
- cannot be completely banned in public places, such as
- handbilling and solicitation. See Frisby, supra, at 486
- (-The type of focused picketing prohibited by [the state
- court injunction] is fundamentally different from more
- generally directed means of communication that may not
- be completely banned in [public places]-). Here the
- picketing is directed primarily at patients and staff of
- the clinic.
- The 36-foot buffer zone protecting the entrances to the
- clinic and the parking lot is a means of protecting
- unfettered ingress to and egress from the clinic, and
- ensuring that petitioners do not block traffic on Dixie
- Way. The state court seems to have had few other
- options to protect access given the narrow confines
- around the clinic. As the Florida Supreme Court noted,
- Dixie Way is only 21 feet wide in the area of the clinic.
- App. 260, 305. The state court was convinced that
- allowing the petitioners to remain on the clinic's side-
- walk and driveway was not a viable option in view of
- the failure of the first injunction to protect access. And
- allowing the petitioners to stand in the middle of Dixie
- Way would obviously block vehicular traffic.
- The need for a complete buffer zone near the clinic
- entrances and driveway may be debatable, but some
- deference must be given to the state court's familiarity
- with the facts and the background of the dispute
- between the parties even under our heightened review.
- Milk Wagon Drivers, 312 U. S., at 294. Moreover, one
- of petitioners' witnesses during the evidentiary hearing
- before the state court conceded that the buffer zone was
- narrow enough to place petitioners at a distance of no
- greater than 10 to 12 feet from cars approaching and
- leaving the clinic. App. 486. Protesters standing across
- the narrow street from the clinic can still be seen and
- heard from the clinic parking lots. Id., at 260, 305. We
- also bear in mind the fact that the state court originally
- issued a much narrower injunction, providing no buffer
- zone, and that this order did not succeed in protecting
- access to the clinic. The failure of the first order to
- accomplish its purpose may be taken into consideration
- in evaluating the constitutionality of the broader order.
- National Society of Professional Engineers v. United
- States, 435 U. S. 679, 697-698 (1978). On balance, we
- hold that the 36-foot buffer zone around the clinic
- entrances and driveway burdens no more speech than
- necessary to accomplish the governmental interest at
- stake.
- Justice Scalia's dissent argues that a videotape made
- of demonstrations at the clinic represents -what one
- must presume to be the worst of the activity justifying
- the injunction.- Post, at 2. This seems to us a gratu-
- itous assumption. The videotape was indeed introduced
- by respondents, presumably because they thought it
- supported their request for the second injunction. But
- witnesses also testified as to relevant facts in a 3-day
- evidentiary hearing, and the state court was therefore
- not limited to Justice Scalia's rendition of what he
- saw on the videotape to make its findings in support of
- the second injunction. Indeed, petitioners themselves
- studiously refrained from challenging the factual basis
- for the injunction both in the state courts and here.
- Before the Florida Supreme Court, petitioners stated
- that -the Amended Permanent Injunction contains fun-
- damental error on its face. The sole question presented
- by this appeal is a question of law, and for purposes of
- this appeal [petitioners] are assuming, arguendo, that a
- factual basis exists to grant injunctive relief.-
- Appellants' Motion in Response to Appellees' Motion to
- Require Full Transcript and Record of Proceedings in
- No. 93-0069 (Dist. Ct. App. Fla.), p. 2. Petitioners
- argued against including the factual record as an appen-
- dix in the Florida Supreme Court, and never certified a
- full record. We must therefore judge this case on the
- assumption that the evidence and testimony presented
- to the state court supported its findings that the pres-
- ence of protesters standing, marching, and demonstrat-
- ing near the clinic's entrance interfered with ingress to
- and egress from the clinic despite the issuance of the
- earlier injunction.
-
- 2
- The inclusion of private property on the back and side
- of the clinic in the 36-foot buffer zone raises different
- concerns. The accepted purpose of the buffer zone is to
- protect access to the clinic and to facilitate the orderly
- flow of traffic on Dixie Way. Patients and staff wishing
- to reach the clinic do not have to cross the private
- property abutting the clinic property on the north and
- west, and nothing in the record indicates that petition-
- ers' activities on the private property have obstructed
- access to the clinic. Nor was evidence presented that
- protestors located on the private property blocked vehic-
- ular traffic on Dixie Way. Absent evidence that peti-
- tioners standing on the private property have obstructed
- access to the clinic, blocked vehicular traffic, or other-
- wise unlawfully interfered with the clinic's operation,
- this portion of the buffer zone fails to serve the signifi-
- cant government interests relied on by the Florida
- Supreme Court. We hold that on the record before us
- the 36-foot buffer zone as applied to the private prop-
- erty to the north and west of the clinic burdens more
- speech than necessary to protect access to the clinic.
-
- B
- In response to high noise levels outside the clinic, the
- state court restrained the petitioners from -singing,
- chanting, whistling, shouting, yelling, use of bullhorns,
- auto horns, sound amplification equipment or other
- sounds or images observable to or within earshot of the
- patients inside the [c]linic- during the hours of 7:30
- a.m. through noon on Mondays through Saturdays. We
- must, of course, take account of the place to which the
- regulations apply in determining whether these restric-
- tions burden more speech than necessary. We have
- upheld similar noise restrictions in the past, and as we
- noted in upholding a local noise ordinance around public
- schools, -the nature of a place, `the pattern of its nor-
- mal activities, dictate the kinds of regulations . . . that
- are reasonable.'- Grayned v. City of Rockford, 408
- U. S. 104, 116 (1972). Noise control is particularly
- important around hospitals and medical facilities during
- surgery and recovery periods, and in evaluating another
- injunction involving a medical facility, we stated:
- -`Hospitals, after all are not factories or mines or
- assembly plants. They are hospitals, where human
- ailments are treated, where patients and relatives
- alike often are under emotional strain and worry,
- where pleasing and comforting patients are principal
- facets of the day's activity, and where the patient
- and his family . . . need a restful, uncluttered,
- relaxing, and helpful atmosphere.'- NLRB v. Bap-
- tist Hospital, Inc., 442 U. S. 773, 783-784, n. 12
- (1979), quoting Beth Israel Hospital v. NLRB, 437
- U. S. 483, 509 (1978) (Blackmun, J., concurring in
- judgment).
- We hold that the limited noise restrictions imposed by
- the state court order burden no more speech than neces-
- sary to ensure the health and well-being of the patients
- at the clinic. The First Amendment does not demand
- that patients at a medical facility undertake Herculean
- efforts to escape the cacophony of political protests. -If
- overamplified loudspeakers assault the citizenry, govern-
- ment may turn then down.- Grayned, supra, at 116.
- That is what the state court did here, and we hold that
- its action was proper.
-
- C
- The same, however, cannot be said for the -images
- observable- provision of the state court's order. Clearly,
- threats to patients or their families, however communi-
- cated, are proscribable under the First Amendment.
- But rather than prohibiting the display of signs that
- could be interpreted as threats or veiled threats, the
- state court issued a blanket ban on all -images observ-
- able.- This broad prohibition on all -images observable-
- burdens more speech than necessary to achieve the
- purpose of limiting threats to clinic patients or their
- families. Similarly, if the blanket ban on -images ob-
- servable- was intended to reduce the level of anxiety
- and hypertension suffered by the patients inside the
- clinic, it would still fail. The only plausible reason a
- patient would be bothered by -images observable- inside
- the clinic would be if the patient found the expression
- contained in such images disagreeable. But it is much
- easier for the clinic to pull its curtains than for a pa-
- tient to stop up her ears, and no more is required to
- avoid seeing placards through the windows of the clinic.
- This provision of the injunction violates the First
- Amendment.
-
- D
- The state court ordered that petitioners refrain from
- physically approaching any person seeking services of
- the clinic -unless such person indicates a desire to
- communicate- in an area within 300 feet of the clinic.
- The state court was attempting to prevent clinic pa-
- tients and staff from being -stalked- or -shadowed-
- by the petitioners as they approached the clinic. See
- International Society for Krishna Consciousness v. Lee,
- 505 U. S. ___, ___ (1992) (slip op., at 10-11) (-face-to-
- face solicitation presents risks of duress that are an
- appropriate target of regulation. The skillful, and un-
- principled, solicitor can target the most vulnerable,
- including those accompanying children or those suffering
- physical impairment and who cannot easily avoid the
- solicitation-).
- But it is difficult, indeed, to justify a prohibition on
- all uninvited approaches of persons seeking the services
- of the clinic, regardless of how peaceful the contact may
- be, without burdening more speech than necessary to
- prevent intimidation and to ensure access to the clinic.
- Absent evidence that the protesters' speech is indepen-
- dently proscribable (i.e., -fighting words- or threats), or
- is so infused with violence as to be indistinguishable
- from a threat of physical harm, see Milk Wagon Drivers,
- 312 U. S., at 292-293, this provision cannot stand. -As
- a general matter, we have indicated that in public
- debate our own citizens must tolerate insulting, and
- even outrageous, speech in order to provide adequate
- breathing space to the freedoms protected by the First
- Amendment.- Boos v. Barry, 485 U. S., at 322 (internal
- quotation marks omitted). The -consent- requirement
- alone invalidates this provision; it burdens more speech
- than is necessary to prevent intimidation and to ensure
- access to the clinic.
-
- E
- The final substantive regulation challenged by peti-
- tioners relates to a prohibition against picketing, demon-
- strating, or using sound amplification equipment within
- 300 feet of the residences of clinic staff. The prohibi-
- tion also covers impeding access to streets that provide
- the sole access to streets on which those residences are
- located. The same analysis applies to the use of sound
- amplification equipment here as that discussed above:
- the government may simply demand that petitioners
- turn down the volume if the protests overwhelm the
- neighborhood. Grayned, supra, at 116.
- As for the picketing, our prior decision upholding a
- law banning targeted residential picketing remarked on
- the unique nature of the home, as -`the last citadel of
- the tired, the weary, and the sick.'- Frisby, 487 U. S.,
- at 484. We stated that -`[t]he State's interest in pro-
- tecting the well-being, tranquility, and privacy of the
- home is certainly of the highest order in a free and
- civilized society.'- Ibid.
- But the 300-foot zone around the residences in this
- case is much larger than the zone provided for in the
- ordinance which we approved in Frisby. The ordinance
- at issue there made it -unlawful for any person to
- engage in picketing before or about the residence or
- dwelling of any individual.- Id., at 477. The prohibi-
- tion was limited to -focused picketing taking place solely
- in front of a particular residence.- Id., at 483. By con-
- trast, the 300-foot zone would ban -[g]eneral marching
- through residential neighborhoods, or even walking a
- route in front of an entire block of houses.- Ibid. The
- record before us does not contain sufficient justification
- for this broad a ban on picketing; it appears that a
- limitation on the time, duration of picketing, and num-
- ber of pickets outside a smaller zone could have accom-
- plished the desired result.
-
- IV
- Petitioners also challenge the state court's order as
- being vague and overbroad. They object to the portion
- of the injunction making it applicable to those acting -in
- concert- with the named parties. But petitioners them-
- selves are named parties in the order, and they there-
- fore lack standing to challenge a portion of the order
- applying to persons who are not parties. Nor is that
- phrase subject, at the behest of petitioners, to a chal-
- lenge for -overbreadth-; the phrase itself does not pro-
- hibit any conduct, but is simply directed at unnamed
- parties who might later be found to be acting -in con-
- cert- with the named parties. As such, the case is
- governed by our holding in Regal Knitwear Co. v.
- NLRB, 324 U. S. 9, 14 (1945). There a party subject to
- an injunction argued that the order was invalid because
- of a provision that it applied to -successors and assigns-
- of the enjoined party. Noting that the party pressing
- the claim was not a successor or assign, we character-
- ized the matter as -an abstract controversy over the use
- of these words.- Id., at 15.
- Petitioners also contend that the -in concert- provision
- of the injunction impermissibly limits their freedom of
- association guaranteed by the First Amendment. See,
- e.g., Citizens Against Rent Control/Coalition For Fair
- Housing v. Berkeley, 454 U. S. 290 (1981). But petition-
- ers are not enjoined from associating with others or
- from joining with them to express a particular view-
- point. The freedom of association protected by the First
- Amendment does not extend to joining with others for
- the purpose of depriving third parties of their lawful
- rights.
-
- V
- In sum, we uphold the noise restrictions and the 36-
- foot buffer zone around the clinic entrances and drive-
- way because they burden no more speech than neces-
- sary to eliminate the unlawful conduct targeted by the
- state court's injunction. We strike down as unconstitu-
- tional the 36-foot buffer zone as applied to the private
- property to the north and west of the clinic, the -images
- observable- provision, the 300-foot no-approach zone
- around the clinic, and the 300-foot buffer zone around
- the residences, because these provisions sweep more
- broadly than necessary to accomplish the permissible
- goals of the injunction. Accordingly, the judgment of
- the Florida Supreme Court is
-
- Affirmed in part, and reversed in part.
-