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To: RobbyS
>>Common sense prevails. <<

Lately, it seems to be going around, and popping up in the oddest of places.
70 posted on 02/26/2003 8:11:08 AM PST by RobRoy
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To: RobRoy
(CBS) The Supreme Court ruled Wednesday that a federal racketeering law was improperly used to punish aggressive anti-abortion rights protesters, a major victory for people who regularly block clinic doors.

The court's 8-1 ruling applies to protests of all sorts, not just at clinics.

Chief Justice William H. Rehnquist, writing for the majority, said that when protesters do not "obtain" property, they cannot be punished for civil disobedience with the federal Racketeer Influenced Corrupt Organizations Act, an anti-racketeering law.

Justice John Paul Stevens filed the only dissent. He said the court was limiting the scope of the Hobbs Act and limiting protection of property owners.

The court's ruling is a victory for Operation Rescue, anti-abortion rights leader Joseph Scheidler and others who were ordered to pay damages to abortion clinics and barred from interfering with their businesses for 10 years.

Rehnquist said that their political activity did not qualify as extortion.

That outcome had been sought by activists like actor Martin Sheen, animal rights groups and even some organizations that support abortion rights. They argued that protesters of all types could face harsher penalties for demonstrating, if the court ruled otherwise.

The demonstrators had been sued in 1986 by abortion clinics in Delaware and Wisconsin and the National Organization for Women, which contended that racketeering and extortion laws should protect businesses from violent protests that drive away clients.

They accused the groups of blocking clinic entrances, menacing doctors, patients and clinic staff, and destroying equipment during a 15-year campaign to limit abortions. The demonstrators were ordered to pay about $258,000 in damages and barred from interfering nationwide with the clinics' business for 10 years.

Rehnquist said there is no dispute that abortion rights protesters interfered with clinic operations and in some cases committed crimes.

"But even when their acts of interference and disruption achieved their ultimate goal of 'shutting down' a clinic that performed abortions, such acts did not constitute extortion," Rehnquist wrote.

The punishments were meted out under provisions of the 32-year-old Racketeer Influenced and Corrupt Organizations Act, known as RICO, and the Hobbs Act, a 1946 law aimed at crushing organized crime. The Hobbs Act makes it a crime to take property from another with force.

Abortion rights advocates claim that the protests are damaging not just for their dollar cost, but for the chilling effect they have on abortion providers. Because of several murders of abortion doctors in recent years, some rights advocates have said aggressive protesters can frighten doctors into ceasing to provide abortion services.

75 posted on 02/26/2003 8:13:32 AM PST by Dog Gone
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