Inc. v. Scheidler National Organization for Women

Later in Madsen v. Women's Health Center, Inc. (1994), the Court ruled 6-3 that judges could establish "buffer zones" to keep protesters away from abortion clinics. Though not potentially as restrictive of free speech as Scheidler, the Madsen ruling still raised concerns, even on the Court that passed it. Chief Justice Rehnquist, again writing for the majority, warned judges not to "restrict more speech than necessary." Also in 1994, Congress passed the Freedom of Access to Clinics Act, which prevented protesters from blocking access to an abortion clinic. As for the civil trial that followed Scheidler, it did not go well for PLAN. Ordinarily a protest group would enjoy the support of the ACLU, the NAACP, and other civil-liberties and -rights organizations; but given PLAN's anti-abortion stance and the political realities that create inflexible and opposing power blocs, such groups did not take up PLAN's cause. Nor did the support of its traditional constituency--religious and conservative groups--prove a powerful force in PLAN's favor. Terry and Operation Rescue settled out of court in February of 1998, and a jury in Chicago in April found the remaining defendants guilty of conspiracy under RICO. The defendants were liable to two clinics for $85,000 in damages, which under the racketeering law would be multiplied by three--to $255,000. More facilities were expected to file claims under the class-action suit.