Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas

Doctors and clinics sued anti-abortion activist group Operation Rescue for invasion of privacy, tortious interference, and civil conspiracy. Anti-abortion activists planned to picket and obstruct abortion clinics and homes of physicians who worked for the clinics to coincide with the 1992 Republican National Convention. The district court granted a permanent injunction to restrict anti-abortion demonstrations, which prohibited activists from, among other things, demonstrating within specified areas of each clinic. Operation Rescue appealed. Pursuant to free speech principles, the Court held that the injunction must burden no more speech than necessary to serve a significant government interest. The Court upheld the injunction as it related to physicians’ homes, but found the injunction overbroad because it limited peaceful communication within speech-free zones, such as peaceful sidewalk counseling and prayer. The Court modified the injunction, allowing no more than two demonstrators within a zone. These two demonstrators may individually sidewalk counsel patients in a normal speaking voice, but must retreat when the patient or physician verbally indicates that they wish to be alone. Otherwise, the lower court’s judgment was affirmed.