madsen women health argued april decided june petitioners protesters threatened picket demonstrate around florida abortion clinic state permanently enjoined petitioners blocking interfering public access clinic physically abusing persons entering leaving later respondent clinic operators sought broaden injunction found access clinic still impeded petitioners activities deleterious physical effects patients discouraging potential patients entering clinic doctors clinic workers subjected protests homes accordingly issued amended injunction applies petitioners persons acting concert inter alia excludes demonstrators buffer zone around clinic entrances driveway private property north west clinic restricts excessive noisemaking within earshot use images observable patients inside clinic prohibits protesters within zone around clinic approaching patients potential patients consent talk creates buffer zone around residences clinic staff upholding amended injunction petitioners claim violated first amendment right freedom speech florida recognized forum issue traditional public forum refused apply heightened scrutiny dictated perry education assn perry local educators injunction restrictions concluded restrictions narrowly tailored serve significant government interest left open ample page ii alternative channels communication see ibid held ordinance issue subject heightened scrutiny content simply restricts speech protesters accept petitioners claim contrary classify virtually every injunction injunction nature address general public applies particular parties regulating activities perhaps speech past actions context specific dispute fact injunction prohibit activities persons demonstrating favor abortion justly attributable lack demonstrations consequent request relief moreover none restrictions issue directed content petitioners message principal inquiry determining content neutrality whether government regulated speech without reference content see ward rock racism government purpose therefore threshold consideration injunction imposed incidental restrictions petitioners message repeatedly violated original injunction injunction covers people share viewpoint suggests group whose conduct violated order happen share viewpoint pp evaluating injunction governing standard whether injunction challenged provisions burden speech necessary serve significant government interest see carroll president princess anne thus injunction must couched narrowest terms accomplish objective see although forum around clinic traditional public forum obvious differences generally applicable ordinance represents legislative choice promote particular societal interests injunction remedies actual threatened violation legislative judicial decree carries greater risks censorship discriminatory application ordinance tailored afford greater relief violation law already occurred require somewhat stringent application general first amendment principles context traditional time place manner analysis allows combination governmental interests identified florida protecting pregnant woman freedom seek lawful medical counseling services ensuring public safety order promoting free flow page iii traffic public streets sidewalks protecting citizens property rights assuring residential privacy quite sufficient justify appropriately tailored injunction pp given focus picketing patients clinic staff narrowness confines around clinic fact protesters still seen heard clinic parking lots failure first injunction accomplish purpose buffer zone around clinic entrances driveway balance burdens speech necessary accomplish governmental interests protecting access clinic facilitating orderly traffic flow street need complete buffer zone may debatable deference must given state familiarity facts background dispute even heightened review petitioners argued including factual record appendix florida never certified full record must therefore judge case assumption evidence testimony presented state supported findings protesters activities near clinic entrance interfered access despite earlier injunction pp however buffer zone applied private property north west clinic burdens speech necessary protect access clinic patients staff wishing reach clinic cross property moreover nothing record indicates petitioners activities property obstructed clinic access blocked vehicular traffic otherwise unlawfully interfered clinic operation limited noise restrictions imposed injunction burden speech necessary ensure health wellbeing clinic patients noise control particularly important around medical facilities surgery recovery periods first amendment demand patients facility undertake herculean efforts escape cacophony political protests pp blanket ban images observable sweeps broadly necessary accomplish goals limiting threats clinic patients families reducing patients level anxiety hypertension inside clinic prohibiting display signs interpreted threats veiled threats satisfy first goal clinic simply pull curtains protect patient bothered disagreeable placard pp absent evidence protesters speech independently page iv proscribable fighting words threats infused violence indistinguishable threat physical harm zone around clinic particularly consent requirement burdens speech necessary accomplish goals preventing intimidation ensuring access clinic pp buffer zone around staff residences sweeps broadly necessary protect tranquility privacy home record contain sufficient justification broad ban picketing appears limitation time duration picketing number pickets outside smaller zone accomplished desired results use sound amplification equipment within zone however government may demand petitioners turn volume protests overwhelm neighborhood pp petitioners named parties injunction lack standing challenge concert provision applied persons parties moreover phrase subject petitioners behest challenge overbreadth see regal knitwear nlrb concert provision impermissibly burden freedom association enjoined associating others joining express particular viewpoint first amendment protect joining others deprive third parties lawful rights pp rehnquist delivered opinion blackmun souter ginsburg joined stevens joined parts ii iv souter filed concurring opinion stevens filed opinion concurring part dissenting part scalia filed opinion concurring judgment part dissenting part kennedy thomas joined madsen women health chief justice rehnquist delivered opinion petitioners challenge constitutionality injunction entered florida state prohibits protestors demonstrating certain places various ways outside health clinic performs abortions hold establishment buffer zone public street demonstrators excluded passes muster first amendment several provisions injunction respondents operate abortion clinics throughout central florida petitioners groups individuals engaged activities near site one clinic melbourne florida picketed demonstrated public street gives access clinic september florida state permanently enjoined petitioners blocking interfering public access clinic physically abusing persons entering leaving clinic six months later respondents sought broaden injunction complaining access clinic still impeded petitioners activities activities madsen women health also discouraged potential patients entering clinic deleterious physical effects others trial thereupon issued broader injunction challenged found despite initial injunction protesters continued impede access clinic congregating paved portion street dixie way leading clinic marching front clinic driveways found vehicles heading toward clinic slowed allow protesters move way sidewalk counselors approach attempt give vehicle occupants literature number people congregating varied handful noise varied singing chanting use loudspeakers bullhorns protests found took toll clinic patients clinic doctor testified result run gauntlet enter clinic patients manifested higher level anxiety hypertension causing patients need higher level sedation undergo surgical procedures thereby increasing risk associated procedures app noise produced protestors heard within clinic causing stress patients surgical procedures recuperating recovery rooms patients turned away crowd return later date doctor testified increased health risks reason delay doctors clinic workers turn immune even homes petitioners picketed front clinic employees residences shouted passersby rang doorbells neighbors provided literature identifying particular clinic employee baby killer occasionally protestors confront minor children clinic employees home alone madsen women health similar testimony led state conclude original injunction proved insufficient protect health safety rights women brevard seminole county florida surrounding counties seeking access medical counseling services state therefore amended prior order enjoining broader array activities amended injunction prohibits petitioners engaging following acts times days entering premises property aware woman center choice melbourne clinic times days blocking impeding inhibiting manner obstructing interfering access ingress egress building parking lot clinic times days congregating picketing patrolling demonstrating entering portion public private property within feet property line clinic exception foot buffer zone area immediately adjacent clinic east petitioners must remain least feet clinic east line another exception foot buffer zone relates record title owners property north west clinic prohibition entry foot buffer zones apply persons invitees prohibitions contained madsen women health herein apply owners invitees acting concert petitioners hours noon mondays saturdays surgical procedures recovery periods singing chanting whistling shouting yelling use auto horns sound amplification equipment sounds images observable within earshot patients inside clinic times days area within feet clinic physically approaching person seeking services clinic unless person indicates desire communicate approaching inquiring petitioners times days approaching congregating picketing patrolling demonstrating using bullhorns sound amplification equipment within feet residence respondents employees staff owners agents blocking attempting block barricade manner temporarily otherwise obstruct entrances exits driveways residences respondents employees staff owners agents petitioners acting concert prohibited inhibiting impeding attempting impede temporarily otherwise free ingress egress persons street provides sole access street residences located times days physically abusing grabbing intimidating harassing touching pushing shoving crowding assaulting persons entering leaving working using services respondents clinic trying gain access leave homes owners staff patients clinic madsen women health times days harassing intimidating physically abusing assaulting threatening present former doctor health care professional staff member employee volunteer assists providing services respondents clinic times days encouraging inciting securing persons commit prohibited acts listed herein operation rescue women health center shortly florida opinion announced appeals eleventh circuit heard separate challenge injunction appeals struck injunction characterizing dispute clash actual prohibition speech potential hinderance free exercise abortion rights cheffer mcgregor stated madsen women health asserted interests public safety order already protected applicable laws interests protected adequately without infringing upon first amendment rights others ibid appeals found injunction content based neither necessary serve compelling state interest narrowly drawn achieve end citing carey brown granted certiorari resolve conflict florida appeals constitutionality state injunction ii begin addressing petitioners contention state order injunction restricts speech protesters necessarily accordingly argue examine entire injunction strictest standard scrutiny see perry education supra disagree accept petitioners claim classify virtually every injunction content viewpoint based injunction nature applies particular group individuals regulates activities perhaps speech group however group past actions context specific dispute real parties parties seeking injunction assert violation rights hearing action charged fashioning remedy specific deprivation drafting statute addressed general public fact injunction present case prohibit activities demonstrating favor abortion justly attributable lack similar demonstrations favor abortion consequent request demonstrations regulated madsen women health injunction suggestion record florida law equally restrain similar conduct directed target nothing abortion none restrictions imposed directed contents petitioner message principal inquiry determining whether government adopted regulation speech without reference content regulated speech ward rock racism internal quotation marks omitted upholding noise regulations paul slip government may regulate speech based hostility favoritism towards underlying message expressed see also arkansas writer project ragland regan time metromedia san diego plurality carey brown thus look government purpose threshold consideration state imposed restrictions petitioners incidental message repeatedly violated original order petitioners share viewpoint regarding abortion demonstrate invidious purpose motivated issuance order suggests group whose conduct violated order happen share opinion regarding abortions performed clinic short fact injunction covered people particular viewpoint render injunction content viewpoint based see boos barry madsen women health accordingly injunction issued case demand level heightened scrutiny set forth perry education proceed discuss standard govern iii generally applicable statute instead injunctive order constitutionality assessed standard set forth ward rock racism supra similar cases given forum around clinic traditional public forum see frisby schultz determine whether time place manner regulations narrowly tailored serve significant governmental interest ward supra see also perry education supra obvious differences however injunction generally applicable ordinance ordinances represent legislative choice regarding promotion particular societal interests injunctions contrast remedies imposed violations threatened violations legislative judicial decree madsen women health see grant injunctions also carry greater risks censorship discriminatory application general ordinances effective practical guaranty arbitrary unreasonable government require principles law officials impose upon minority must imposed generally railway express agency new york injunctions course advantages generally applicable statutes tailored trial judge afford precise relief statute violation law already occurred paradise believe differences require somewhat stringent application general first amendment principles context past cases evaluating injunctions restricting speech see naacp claiborne hardware milk wagon drivers meadowmoor dairies relied upon general principles also seeking ensure injunction broader necessary achieve desired goals see carroll president princess anne claiborne hardware supra close attention fit objectives injunction restrictions imposes speech consistent general rule quite apart first amendment considerations injunctive relief burdensome defendants necessary provide complete relief madsen women health plaintiffs califano yamasaki see also dayton bd ed brinkman accordingly evaluating injunction think standard time place manner analysis sufficiently rigorous must ask instead whether challenged provisions injunction burden speech necessary serve significant government interest see claiborne hardware supra sanctionable conduct occurs context constitutionally protected activity precision regulation demanded quoting naacp button citing carroll supra keyishian board regents state univ carroll supra justice stevens justice scalia disagree standard announce policy reasons see post stevens post scalia justice stevens believes injunctive relief judged lenient standard legislation injunctions imposed individuals groups engaged illegal activity post justice scalia contrast believes injunctions least deserving strict scrutiny statutory restriction post justice scalia bases belief danger injunctions even though might attack content content may used suppress particular ideas individual judges trusted impose injunctions context injunction procedurally difficult challenge statute post believe consideration differences similarities statutes injunctions supports matter policy standard apply madsen women health justice scalia contends precedent compels application strict scrutiny case standard ask whether restriction necessary serve compelling state interest narrowly drawn achieve end post quoting perry education justice scalia fails cite single case aware none applied standard injunction cites number cases struck little elaboration prior restraints free expression see post citing cases explained however believe injunction constitutes prior restraint therefore believe heavy presumption constitutionality obtain see supra justice scalia also relies claiborne hardware carroll support contention precedent requires application strict scrutiny context claiborne hardware stated simply precision regulation demanded see internal quotation marks omitted justice scalia reads case require surgical precision regulation post adjective chosen author opinion justice stevens think standard requiring injunction burden speech necessary exemplifies precision regulation madsen women health carroll justice scalia believes standard adopted case strict scrutiny remotely resemble new proposal post comparison language used carroll wording standard adopt however belies justice scalia exaggerated contention carroll example requires injunction couched narrowest terms accomplish pinpointed objective injunction require injunction burden speech necessary accomplish objective fail see difference two standards florida concluded numerous significant government interests protected injunction noted state strong interest protecting woman freedom seek lawful medical counseling services connection pregnancy see roe wade state also strong interest ensuring public safety order promoting free flow traffic public streets sidewalks protecting property rights citizens addition believed state strong interest residential privacy acknowledged frisby schultz applied analogy medical privacy observed targeted picketing home threatens psychological wellbeing captive resident targeted picketing hospital clinic threatens psychological physical wellbeing patient held captive medical circumstance agree florida combination governmental interests quite sufficient justify appropriately tailored injunction protect examine contested madsen women health provision injunction see burdens speech necessary accomplish goal begin buffer zone state prohibited petitioners congregating picketing patrolling demonstrating entering portion public private property within feet property line clinic way ensuring access clinic buffer zone requires petitioners move side dixie way away driveway clinic state found repeatedly interfered free access patients staff app pet cert see cameron johnson upholding statute prohibited picketing obstructed unreasonably interfered ingress egress public buildings including courthouses traffic adjacent street sidewalks buffer zone also applies private property north west clinic property examine portion buffer zone separately noted distinction type focused picketing banned buffer zone type generally disseminated communication completely banned public places madsen women health handbilling solicitation see frisby supra type focused picketing prohibited state injunction fundamentally different generally directed means communication may completely banned public places picketing directed primarily patients staff clinic buffer zone protecting entrances clinic parking lot means protecting unfettered ingress egress clinic ensuring petitioners block traffic dixie way state seems options protect access given narrow confines around clinic florida noted dixie way feet wide area clinic app state convinced allowing petitioners remain clinic sidewalk driveway viable option view failure first injunction protect access allowing petitioners stand middle dixie way obviously block vehicular traffic need complete buffer zone near clinic entrances driveway may debatable deference must given state familiarity facts background dispute parties even heightened review milk wagon drivers moreover one petitioners witnesses evidentiary hearing state conceded buffer zone narrow enough place petitioners distance greater feet cars approaching leaving clinic app protesters standing across narrow street clinic still seen heard clinic parking lots also bear mind fact state originally issued much narrower injunction providing buffer zone order succeed protecting madsen women health access clinic failure first order accomplish purpose may taken consideration evaluating constitutionality broader order national society professional engineers balance hold buffer zone around clinic entrances driveway burdens speech necessary accomplish governmental interest stake justice scalia dissent argues videotape made demonstrations clinic represents one must presume worst activity justifying injunction post seems us gratuitous assumption videotape indeed introduced respondents presumably thought supported request second injunction witnesses also testified relevant facts evidentiary hearing state therefore limited justice scalia rendition saw videotape make findings support second injunction indeed petitioners studiously refrained challenging factual basis injunction state courts florida petitioners stated amended permanent injunction contains fundamental error face sole question presented appeal question law purposes appeal petitioners assuming arguendo factual basis exists grant injunctive relief appellants motion response appellees motion require full transcript record proceedings app petitioners argued including factual record appendix florida never certified full record must therefore judge case assumption evidence testimony presented state supported findings presence madsen women health protesters standing marching demonstrating near clinic entrance interfered ingress egress clinic despite issuance earlier injunction inclusion private property back side clinic buffer zone raises different concerns accepted purpose buffer zone protect access clinic facilitate orderly flow traffic dixie way patients staff wishing reach clinic cross private property abutting clinic property north west nothing record indicates petitioners activities private property obstructed access clinic evidence presented protestors located private property blocked vehicular traffic dixie way absent evidence petitioners standing private property obstructed access clinic blocked vehicular traffic otherwise unlawfully interfered clinic operation portion buffer zone fails serve significant government interests relied florida hold record us buffer zone applied private property north west clinic burdens speech necessary protect access clinic response high noise levels outside clinic state restrained petitioners singing chanting whistling shouting yelling use bullhorns auto horns sound amplification equipment sounds images observable within earshot patients inside linic hours noon mondays saturdays must course take account place regulations apply determining whether restrictions madsen women health burden speech necessary upheld similar noise restrictions past noted upholding local noise ordinance around public schools nature place pattern normal activities dictate kinds regulations reasonable grayned city rockford noise control particularly important around hospitals medical facilities surgery recovery periods evaluating another injunction involving medical facility stated hospitals factories mines assembly plants hospitals human ailments treated patients relatives alike often emotional strain worry pleasing comforting patients principal facets day activity patient family need restful uncluttered relaxing helpful atmosphere nlrb baptist hospital quoting beth israel hospital nlrb blackmun concurring judgment however said images observable provision state order clearly threats patients families however communicated madsen women health proscribable first amendment rather prohibiting display signs interpreted threats veiled threats state issued blanket ban images observable broad prohibition images observable burdens speech necessary achieve purpose limiting threats clinic patients families similarly blanket ban images observable intended reduce level anxiety hypertension suffered patients inside clinic still fail plausible reason patient bothered images observable inside clinic patient found expression contained images disagreeable much easier clinic pull curtains patient stop ears required avoid seeing placards windows clinic provision injunction violates first amendment state ordered petitioners refrain physically approaching person seeking services clinic unless person indicates desire communicate area within feet clinic state attempting prevent clinic patients staff stalked shadowed petitioners approached clinic see international society krishna consciousness lee slip solicitation presents risks duress appropriate target regulation skillful unprincipled solicitor target vulnerable including accompanying children suffering physical impairment easily avoid solicitation madsen women health difficult indeed justify prohibition uninvited approaches persons seeking services clinic regardless peaceful contact may without burdening speech necessary prevent intimidation ensure access clinic absent evidence protesters speech independently proscribable fighting words threats infused violence indistinguishable threat physical harm see milk wagon drivers provision stand general matter indicated public debate citizens must tolerate insulting even outrageous speech order provide adequate breathing space freedoms protected first amendment boos barry internal quotation marks omitted consent requirement alone invalidates provision burdens speech necessary prevent intimidation ensure access clinic final substantive regulation challenged petitioners relates prohibition picketing demonstrating using sound amplification equipment within feet residences clinic staff prohibition also covers impeding access streets provide sole access streets residences located analysis applies use sound amplification equipment discussed government may simply demand petitioners turn volume protests overwhelm neighborhood grayned supra picketing prior decision upholding law banning targeted residential picketing remarked madsen women health unique nature home last citadel tired weary sick frisby stated state interest protecting wellbeing tranquility privacy home certainly highest order free civilized society ibid zone around residences case much larger zone provided ordinance approved frisby ordinance issue made unlawful person engage picketing residence dwelling individual prohibition limited focused picketing taking place solely front particular residence contrast zone ban eneral marching residential neighborhoods even walking route front entire block houses ibid record us contain sufficient justification broad ban picketing appears limitation time duration picketing number pickets outside smaller zone accomplished desired result iv petitioners also challenge state order vague overbroad object portion injunction making applicable acting concert named parties petitioners named parties order therefore lack standing challenge portion order applying persons parties phrase subject behest petitioners challenge overbreadth phrase prohibit conduct simply directed unnamed parties might later found acting concert named parties case governed holding regal knitwear madsen women health nlrb party subject injunction argued order invalid provision applied successors assigns enjoined party noting party pressing claim successor assign characterized matter abstract controversy use words petitioners also contend concert provision injunction impermissibly limits freedom association guaranteed first amendment see citizens rent fair housing berkeley petitioners enjoined associating others joining express particular viewpoint freedom association protected first amendment extend joining others purpose depriving third parties lawful rights sum uphold noise restrictions buffer zone around clinic entrances driveway burden speech necessary eliminate unlawful conduct targeted state injunction strike unconstitutional buffer zone applied private property north west clinic images observable provision zone around clinic buffer zone around residences provisions sweep broadly necessary accomplish permissible goals injunction accordingly judgment florida affirmed part reversed part footnotes also decline adopt prior restraint analysis urged petitioners prior restraints often take form injunctions see new york times madsen women health refusing enjoin publications pentagon papers vance universal amusement per curiam holding texas public nuisance statute authorized state judges basis showing theater exhibited obscene films past enjoin future exhibition films yet found obscene unconstitutional authorizing invalid prior restraint injunctions may incidentally affect expression however prior restraints sense term used new york times supra vance supra petitioners prevented expressing message one several different ways simply prohibited expressing within buffer zone moreover injunction issued content petitioners expression case new york times vance prior unlawful conduct general equity principles injunction issues showing defendant violated imminently violate provision statutory common law cognizable danger recurrent violation grant stating precision regulation required claiborne hardware moreover cited carroll president princess anne case involving injunction keyishian board regents state univ case involving state statute regulations precedent demanded different treatment statutes injunctions justice scalia claims difficult explain reliance keyishian claiborne petitioners challenge first two provisions state order brief petitioners provisions composed state permanent injunction chiefly addressed blocking impeding inhibiting access clinic parking lot petitioners challenge restrictions paragraphs prohibit harassing physically abusing clinic doctors staff patients trying gain access clinic homes need decide whether images observable provisions content based madsen women health justice souter concurring join opinion write separately clarify two matters record first trial judge made reasonably clear issue acting concert named defendants matter taken individual cases decided basis protesters viewpoints see tr apr hearing second petitioners acknowledge governmental interests protection public safety order free flow traffic property rights reflected florida law see brief petitioners citing stat public peace obstruction public streets highways roads madsen women health justice stevens concurring part dissenting part certiorari petition presented three questions corresponding petitioners three major challenges trial injunction correctly unequivocally rejects petitioners argument injunction restriction free speech ante well challenge injunction basis applies persons acting concert ante therefore join parts ii iv opinion properly dispose madsen women health first third questions presented part company however treatment second question presented including enunciation applicable standard review agree different standard governs first amendment challenges generally applicable legislation standard measures challenges judicial remedies proven wrongdoing see ante unlike however believe injunctive relief judged lenient standard legislation notes legislation imposed entire community regardless individual culpability contrast injunctions apply solely individual limited group individuals engaging illegal conduct judicially deprived liberty normal consequence illegal activity given distinction statute prohibiting demonstrations within feet abortion clinic probably violate first amendment injunction directed limited group persons engaged unlawful conduct similar zone might well constitutional standard governing injunctions two obvious dimensions one hand injunction burdensome necessary provide complete relief califano yamasaki first amendment context propriety remedy depends almost entirely madsen women health character violation likelihood recurrence reason standards fashioned determine constitutionality statutes used evaluate injunctions hand even injunction impinges constitutional rights simple proscription precise conduct previously pursued may required remedy must include appropriate restraints future activities avoid recurrence violation eliminate consequences national society professional engineers moreover judicial remedy proven violation law often include commands law impose community large teachers hudson repeated violations may justify sanctions might invalid applied first offender enacted legislature see paradise case trial judge heard three days testimony found petitioners engaged tortious conduct also repeatedly violated earlier injunction injunction thus twice removed legislative proscription applicable general public judged standard gives appropriate deference judge unique familiarity facts ii second question presented certiorari petition asks whether consent requirement speech permitted within buffer zone around clinic unconstitutionally infringes free speech petitioners contend restrictions madsen women health create speech zone speak unless listener indicates positive interest speech part opinion seems suggest even narrowly defined zone consent requirement constitutionally impermissible ante petitioners argument conclusion however based misreading injunction paragraph purport prohibit speech prohibits species conduct specifically prohibits petitioners physically approaching person seeking services clinic unless person indicates desire communicate approaching inquiring petitioners app meaning term physically approaching explained detailed prohibition applies patient refuses converse accept delivery literature petitioners absent consent petitioners madsen women health shall accompany person encircle surround harass threaten physically verbally abuse individuals choose communicate ibid long petitioners physically approach patients manner remain free communicate public also offer verbal written advice individual basis clinic patients sidewalk counseling petitioners counseling clinic patients form expression analogous labor picketing mixture conduct communication labor context conduct element rather particular idea expressed often provides persuasive deterrent third persons enter business establishment nlrb retail store employees stevens concurring part concurring result picketing principal reason handbills containing message much less effective counseling former depend entirely persuasive force idea ibid protects picketing first amendment protects speaker right offer sidewalk counseling protection however encompass attempts abuse unreceptive captive audience least circumstances case one may register public protest placing vulgar message jacket expose unwilling viewers cohen california nevertheless mean unqualified constitutional right follow harass unwilling listener especially one way receive medical services cf grayned city rockford physically approaching prohibition entered trial broader protection necessary provide relief violations found madsen women health trial judge entered portion injunction concluding injunction necessary protect clinic patients staff uninvited contacts shadowing stalking petitioners app protection especially appropriate clinic patients given trial judge found petitioners prior conduct caused higher levels anxiety hypertension patients increasing risks associated procedures patients seek whatever proper limits power restrict speaker ability physically approach follow unwilling listener surely first amendment prevent trial imposing restriction given unchallenged findings case florida correctly concluded first amendment confers citizen powerful right express oneself gives picketer boon jeopardize health safety rights others citizen right insert foot hospital clinic door insist heard purposefully blocking door genuine need medical services picketer force speech captive ear unwilling disabled operation rescue womens health center madsen women health iii joined parts ii iv opinion dissented part concluding zone around clinic reasonable time place manner restriction discussion necessary see supra however proceeds address challenges injunction although arguably raised petitioners briefs properly correctly rejecting challenge buffer zone raised first question certiorari petition nevertheless decides modify portion zone believes protect ingress clinic petitioners however presented challenge zone present time place manner challenge see supra challenged zones ground ibid scope zone thus properly us izumi madsen women health seimitsu kogyo kabushiki kaisha phillips per curiam true noise restrictions images observable provision paragraph madsen women health refer buffer zones relate constitutionality concert provision although inclined agree resolution respecting noise images restrictions believe refrain deciding constitutionality challenged questions certiorari granted iv reasons stated concur parts ii iv opinion respectfully dissent remaining portions questions presented review whether state injunction placing buffer zone around abortion clinic prohibits peaceful speech traditional public forum unconstitutional restriction free speech association whether state injunction creating consent requirement speech permitted within buffer zone around abortion clinic residential areas reasonable time place manner restriction unconstitutional prior restraint free speech whether state injunction prohibiting named demonstrators acting concert expressing peaceful speech within several designated buffer zones violates first amendment protection freedom speech association pet cert contrary justice scalia assumption see post deprivation liberty caused injunction form punishment moreover nothing unusual injunctive relief includes restriction speech remedy prior misconduct national society professional engineers see supra question also encompasses separate related question whether buffer zone residential areas madsen women health reasonable time place manner restriction incorrectly refers zone containing consent requirement reasons stated part opinion join agree findings justify broad ban picketing also agree rejection petitioners prior restraint challenge zones see ante full text reads follows times days area within feet clinic physically approaching person seeking services clinic unless person indicates desire communicate approaching inquiring petitioners event invitation petitioners may engage communications consisting conversation nonthreatening nature delivery literature within foot area event within foot buffer zone individual decline communication otherwise known sidewalk counseling person shall absolute right leave walk away petitioners shall accompany person encircle surround harass threaten physically verbally abuse individuals choose communicate app specifically findings fact trial noted physician also testified witnessed demonstrators running along side front patients vehicles pushing pamphlets car windows persons indicated interest literature result patients run gauntlet patients manifested higher level anxiety hypertension causing patients need higher level sedation undergo surgical procedures thereby increasing risk associated proceedings indeed unclear whether challenges presented florida appeal petitioners even file transcript evidentiary hearings contending sole question presented appeal question law see appellants motion response appellees motion require full transcript record proceedings app petitioners argued entire decree invalid matter law without making contention particular provisions modified appears argument size shape buffer zones madsen women health even question properly presented fully agree florida refusal quibble feet one way parties directed arguments narrow factual issue kind operation rescue womens health center moreover respect highest state strongly counsels sort error correction even assuming time place manner challenge zone fairly included within first question presented petitioners brief challenges entire zone overbroad seeks invalidated entirety nowhere briefs argue portion zone north west sides clinic struck event upholds restrictions front east benefit respondents arguments portions considered severally portions zone upheld moreover existence record facts found trial respecting petitioners conduct independent petitioners obstruction ingress egress support entire zone makes micromanagement injunction particularly inappropriate see app clinic fences west north side persons occasionally place ladder outside fence position elevation fence attempt communicate shouting persons staff patients entering clinic doctor followed left clinic person associated petitioners communicated anger doctor pretending shoot adjoining vehicle noting physician similarly employed killed clinic north florida paragraph provides full hours noon mondays saturdays surgical procedures recovery periods singing chanting whistling shouting yelling use bullhorns auto horns sound amplification equipment sounds images observable within earshot patients inside clinic madsen women health judgment today case appearance moderation solomonic wisdom upholding portions injunction disallowing others appearance deceptive entire injunction case departs far established course jurisprudence context regarded candidate summary reversal context abortion long time ago dissent another case justice joined rehnquist wrote abortion decisions already worked major distortion constitutional jurisprudence today decision goes makes painfully clear legal rule doctrine safe ad hoc nullification occasion application arises case involving state regulation abortion permissible scope abortion regulation constitutional issue divided except comes abortion generally refused let disagreements madsen women health however longstanding deeply felt prevent evenhandedly applying uncontroversial legal doctrines cases come thornburgh american college obstetricians gynecologists citations omitted believe judicial creation zone particular group broken law exercise rights speech assembly association judicial enactment noise prohibition applicable group group alone profoundly odds first amendment precedents traditions dissent record case contains videotape running caption time date displaying one must presume worst activity justifying injunction issued judge mcgregor partially approved today tape shot employees volunteers aware woman clinic three saturdays february march camera location first third segments appears upper floor clinic tape edited approximately hours footage hour ruth arick management consultant employed clinic feminist majority foundation app anyone seriously interested case must view tape anyone familiar labor picketing mention social protests aghast shows today permitted individual judge best describe madsen women health saturday march group protesters gathered front clinic arrayed east west clinic side dixie way small street men women children also visible across street south side dixie way hold signs appear protesters others may interested onlookers clinic side street two groups confront across line marking south border clinic property although close together often impossible tell apart clinic property backs camera line clinic abortion rights supporters stretching length property opposite public clinic property dixie way group abortion opponents standing place others walking picket line elongated oval pattern running length property south border melbourne police officers visible various times walking front clinic individuals seen crossing dixie way various times clinic supporters less steadily chanting following slogans right right right decide right life lie care women die abortion opponents heard sing jesus loves little children children world red yellow black white precious sight jesus loves little children world clinic supporters respond want choice want louder call response repeated later tape clinic supporters chant wo take anymore separate church state placards held picketers stationary protestors sides line madsen women health following slogans visible abortionists lie women choose life abortion kills violence god israel ru child choice abortion kills children keep abortion legal abortion god calls murder abortion opponents wear bearing phrase choose life abortion opponents walk picket line traverse portions public crossed paved driveways side clinic connecting clinic parking lot street one point automobile moves west dixie way slows turn westernmost driveway delay picketers clinic supporters part allow car enter camera cuts shot another parked car potato jammed onto tailpipe footage person putting potato tailpipe later point crowd appears larger picketers numerous red car delayed approximately seconds picketers clinic supporters move driveway police visible helping clear path vehicle enter car waits two persons appearing bear leaflets approach respectively driver front passenger doors appear elicit response car occupants car passes safely onto clinic property later blue minivan enters driveway also subject delay still later vehicle leaves clinic property slows slightly driveway crosses public time apparent effort prevent entry exit even delay except time needed picketers get way sitting packing en masse linking hands effort blockade clinic property madsen women health persons standing walking picket line include woman child stroller man shouting book daniel account meshach shadrach abednego woman stepladder holds sign direction clinic clinic supporter counters larger sign held clinic brief shot reveals older man baseball cap head shoulders chest visible clinic fence appears reading silently small book man clinic property holds boom box direction abortion opponents crowd grows appears various points spilled lane dixie way one point randall terry arrives press converge upon apparently dixie way sign held near head reading randall terry sucks terry appears speaking press one point tears pages notebook kind abortion opponents abortion rights supporters appear inches one another side south border property exchange words time violence even discernible jostling physical contact political opponents scene shifts early afternoon day press abortion opponents appear departed camera focuses woman faces clinic hands cupped mouth shouts following deceived god mocked ed windle god judgment repent strike dead baby blood flowed hands ed windle burn hell ed windle repent arms legs pulled today innocent little child little boy little girl destroyed right cheering audible madsen women health clinic grounds second person shouts responsible deaths children murderer shame clinic grounds someone shouts go join wacko waco first woman says applauding death children everywhere peace rest wicked pray give dreams nightmares god second segment videotape displays group approximately persons walking along side major highway saturday march demonstrators walk oval pattern carrying signs visible indicators purpose according ruth arick second portion filmed front condominium clinic owner ed windle lived third segment begins register indicates morning saturday february teenage girl faces clinic exclaims please let kill mommy help daddy please clinic supporters chant wo go back second woman one spoke greatest length first segment calls inaudible help camera group sings roe roe roe wade never quit freedom choice law land better get used woman first segment appears address specific persons clinic property ever wonder baby looked like wonder old thing police officer visible writing someone citation videotape ends shot automobile moving eastbound dixie way slows stop intersection two leafletters approach car pull back passes madsen women health videotape rest record including trial findings show great many forms expression conduct occurred vicinity clinic include singing chanting praying shouting playing music clinic boom boxes speeches peaceful picketing communication familiar political messages handbilling persuasive speech directed opposing groups issue abortion efforts persuade individuals abortions personal testimony interviews press media efforts report protest videotape rest record trial findings contain suggestion violence near clinic establish attempt prevent entry exit ii jurisprudence question public sidewalk area public forum citizens generally first amendment right speak grace parties case invited employ one two well established standards applied restrictions upon first amendment right petitioners claimed benefit strict scrutiny standard applied restrictions restriction must necessary serve compelling state interest narrowly drawn achieve end perry education assn perry local educators respondents hand contended come known intermediate scrutiny midway strict scrutiny demanded regulation speech rational basis standard applied equal protection clause government madsen women health regulation activities see turner broadcasting system fcc slip standard applicable time place manner regulations speech provides regulations permissible long narrowly tailored serve significant government interest leave open ample alternative channels communication perry supra adopts neither creates case additional standard supposedly somewhat stringent ante intermediate scrutiny yet rigorous ante strict scrutiny give new standard name perhaps call scrutiny difference intermediate scrutiny acknowledges inappropriate injunctive restrictions speech frankly subtle describe must simply recite whereas intermediate scrutiny requires restriction narrowly tailored serve significant government interest new standard requires restriction burden speech necessary serve significant government interest ibid shall discuss mode applying supposedly new standard presently first must remark upon peculiar manner standard devised begins part ii opinion considering petitioners contention since restriction strict scrutiny govern rejects premise hence rejects conclusion proceeds part iii examination respondents contention plain old intermediate scrutiny apply says distinctive characteristics injunctions discusses ante hence decides supplement intermediate scrutiny madsen women health scrutiny neatly staged progression overlooks obvious option real question case whether intermediate scrutiny assumes kind default standard supplemented distinctive characteristics injunctions rather whether distinctive characteristics reasons policy precedent fully good reason demanding strict scrutiny possibility simply considered instead begins part iii following optical illusion generally applicable statute instead injunctive order constitutionality assessed intermediate scrutiny standard ante proceeds discuss whether petitioners sustain burden departing presumed disposition statute injunctive order might logically illogically begun part iii injunction rather injunction constitutionality assessed strict scrutiny standard proceeded discuss whether respondents sustain burden departing presumed disposition question approached seems without artificial loading dice central element answer restriction upon speech imposed injunction whether nominally content based nominally content neutral least deserving strict scrutiny statutory restriction several reasons danger statutory restrictions upon speech may designed used precisely suppress ideas question rather achieve proper governmental aim danger exists injunctions although injunction may attack content content present madsen women health case shall discuss even true lends readily targeted suppression particular ideas judge motion employer enjoins picketing site labor dispute enjoins knows enjoining expression views targeting one side ideological dispute readily achieved general legislation except making content basis restriction achieved injunctions almost invariably proceedings us illustrate well enough mean injunction sought advocacy group persons organizations business social interest suppressing group point view second reason injunctions least deserving strict scrutiny obvious enough product individual judges rather legislatures often judges chagrined prior disobedience orders right free speech lightly placed within control single man woman third reason injunction much powerful weapon statute subjected greater safeguards normally injunctions enforced contempt proceedings defense factual innocence available collateral bar rule walker birmingham eliminates defense injunction unconstitutional accord dade county classroom teachers assn rubin thus persons subject injunction money time lodge immediate appeal face hobson choice must remain silent since speak first amendment rights defense subsequent contempt proceedings good madsen women health reason require strictest standard issuance orders seeks minimize similarity injunctions statutory proscriptions observing fact petitioners share viewpoint regarding abortion demonstrate invidious purpose motivated issuance order rather suggests group whose conduct violated order happen share opinion regarding abortions ante errs thinking vice statutes necessarily invidious purpose suppressing particular ideas cases consistently held llicit legislative intent sine qua non violation first amendment simon schuster new york crime victims slip quoting minneapolis star tribune minnesota revenue vice legislation renders deserving high standard strict scrutiny madsen women health always used invidious purposes lends use purposes unavoidable targeting discussed precisely true injunction finally though believe injunctions dangerous enough warrant strict scrutiny even technically content based think injunction present case indeed boot claims directed spoke certain things sentiments certain things violated earlier injunction true injunction residual coverage persons acting concert participation named individuals organizations behalf include merely entertained beliefs wished express views named defendants construction given injunction issuing judge entitled great weight cf forsyth county nationalist movement slip nlrb donnelly garment contrary wish express views named defendants deemed acting concert participation following issuance amended injunction number persons arrested walking within zone april hearing trial judge issued injunction following exchanges occurred lacy wondering arrested confined concert people know people buffer zone kind selective picked arrested obtained buffer zone public injunction madsen women health lacy understand side issue abortion rights supporters also area referring injunction pertain side issue word concert means concert taken certain position respect clinic adverse clinic saying selective basis arrested arrested basis selection tr apr appearance hearings held judge mcgregor eighteenth judicial circuit seminole county florida emphasis added john doe first time area attempted block entrance clinic town anywhere else state florida last year ever also understand reason arrested acted concert demonstrating guess question asking beliefs ideologies people present taken consideration arrested issued injunction determine apply apply people demonstrating finally madsen women health john doe police determine acting concert organization named injunction person seen injunction police determine acting concert observed activities determined minds whether concert gather position named defendants emphasis added colloquies leave doubt revised injunction tailored restrain persons distinguished proscribable conduct proscribable views discussed prior subsection policy reasons giving injunctions even ones strict scrutiny reasons precedent well essentially ignored begin injunction speech prototype greatest threat first amendment values prior restraint chief justice wrote last term term prior restraint madsen women health used describe administrative judicial orders forbidding certain communications issued advance time communications ermanent injunctions orders actually forbid speech activities classic examples prior restraints alexander slip quoting nimmer nimmer freedom speech emphasis added alexander see also slip prior restraint doctrine encompasses injunctive systems threaten bar future speech based past infraction kennedy dissenting said prior restraint expression comes heavy presumption constitutional validity organization better austin keefe quoting carroll president commr princess anne repeatedly struck injunctions see youngdahl rainfair keefe supra new york times nebraska press assn stuart national socialist party america skokie vance universal amusement statute authorizing injunctions cbs davis blackmun chambers setting aside preliminary injunction scheduled broadcast oral argument neither respondents solicitor general appearing amicus respondents identify single case applying mere madsen women health intermediate scrutiny differs little scrutiny cases affirmed requirements characterize strict scrutiny compelling public need surgical precision restraint even unlike present case first amendment activity intermixed violent conduct precision regulation demanded naacp claiborne hardware quoting naacp button milk wagon drivers meadowmoor dairies upheld injunction prohibiting peaceful picketing picketing accompanied instances window smashing bombings stench bombings destruction trucks beatings drivers arson armed violence noted picketing set background violence neither episodic isolated allowed ban picketing prevent future coercion part state power deal coercion due extensive violence expressly distinguished case ntanglement violence youngdahl rainfair refused allow blanket ban picketing even though scattered violence shown pattern violence established inevitably reappear event picketing later resumed utter lack support test jurisprudence demonstrated two cases opinion relies upon proposition speech restriction valid burden speech necessary accomplish significant government interest cites naacp claiborne hardware supra carroll president commissioners madsen women health princess anne shall demonstrate detail claiborne applied much stringent test text carroll contradicts passage cited carroll says order issued area first amendment rights must couched narrowest terms accomplish pinpointed objective permitted constitutional mandate essential needs public order course strict scrutiny remotely resemble new proposal cited precedential support significant government interest referred test general innumerable omnipresent least one implicated activity set public forum essential needs public order hand factors exceptional application injunction burden necessary nearly demanding requirement couched narrowest terms accomplish pinpointed objective cite case principal authority admission announces rests upon precedent iii turn selection constitutional test actual application test facts present case however helpful order demonstrate far departed past practice consider proceeded relatively recent case involve disfavored class abortion protesters naacp claiborne hardware involved like case protest demonstrations private citizens mingling political speech madsen women health assume time existed significant illegal behavior writing justice stevens summarized events giving rise claiborne litigation local chapter naacp rebuffed public officials port gibson claiborne county request redress various forms racial discrimination began boycott local businesses boycott young black man shot killed encounter port gibson police sporadic acts violence ensued following day boycott leader charles evers told group boycott violators disciplined people warned sheriff sleep boycott violators night ibid stated second gathering catch going racist stores gon na break damn neck ibid connection boycott marches picketing often small children store watchers posted outside boycotted stores identify traded names read aloud meetings claiborne county naacp published mimeographed paper chancellor found persons branded traitors called demeaning names socially ostracized shots fired houses brick thrown windshield garden damaged evidence showed persons refusing observe boycott beaten robbed publicly humiliated spanking merchants brought suit two groups involved organizing boycott numerous individuals trial found tort violations madsen women health violations state statute prohibiting secondary boycotts state antitrust violations issued broad permanent injunction boycotters enjoining stationing store watchers plaintiffs business premises persuading person withhold patronage using demeaning obscene language person patronage picketing patrolling premises respondents using violence person inflicting damage upon real personal property mississippi upheld assessment liability injunction solely tort theory saying factors force violence threats present boycott illegal regardless whether primary secondary economical political social legal analysis proceeded along following lines boycott took many forms launched meeting local branch naacp attended several hundred persons acknowledged purpose secure compliance lengthy list demands racial equality racial justice boycott supported speeches nonviolent picketing participants repeatedly encouraged others join cause elements boycott form speech conduct ordinarily entitled protection first fourteenth amendments practice persons sharing common views banded together achieve common end deeply embedded american political process recognize collective effort individuals make views known individually voices faint lost madsen women health quoting citizens rent fair housing berkeley recognized boycott involved elements protected first amendment speech elements protected took upon highly particularized burden review recognizing special obligation examine critically basis liability imposed ibid first amendment noted protect violence conduct sanctionable tort liability occurs context constitutionally protected activity precision regulation demanded quoting naacp button criticizing mississippi broadly assert ing without differentiation intimidation threats social ostracism vilification traduction devices used defendants effectuate boycott internal quotation marks omitted carefully examined record factual support findings liability affirming judgment tailored consequences individuals unlawful conduct may sustained said mere association group absent specific intent unlawful aim embraced group insufficient predicate liability said conclusion characterization political protest movement violent conspiracy must supported findings adequately disclose evidentiary basis concluding specific parties madsen women health agreed use unlawful means carefully identify impact unlawful conduct recognize importance avoiding imposition punishment constitutionally protected activity careful procedure followed mississippi courts set aside entire judgment including injunction turn performance present case content evaluate lax scrutiny standard adopted even distorted light inadequate first step standard one think identify significant government interest justifies portions injunction upheld namely enjoining speech zone making certain times sounds within earshot patients inside linic ante one point opinion identifies number government interests interest protecting woman freedom seek lawful medical counseling services interest ensuring public safety order promoting free flow traffic public streets sidewalks protecting property rights citizens interest medical privacy interest psychological physical wellbeing patient held captive medical circumstance ante says ibid governmental interests quite sufficient justify appropriately tailored injunction protect unless however destroyed even first amendment law fear last statement must read conjunction earlier acknowledgment nder madsen women health general equity principles injunction issues showing defendant violated imminently violate provision statutory common law cognizable danger recurrent violation ante quoting grant much believe even today opinion approves issuance injunction speech promote free flow traffic even found violation threatened violation law relating interest assuming significant interests mentioned must fact significant enough protected state law concept includes prior order law violated question arises state law involved one even mentioned original september injunction issued quite rightly judgment response threats originally named parties including petitioners hysically close abortion mills bloc access clinics ignore law state shut clinic permanent injunction findings fact app original injunction prohibited petitioners trespassing sitting blocking impeding obstructing ingress egress facility madsen women health abortions performed brevard seminole county florida physically abusing persons entering leaving working using services facility abortions performed brevard seminole county florida attempting directing others take actions described paragraphs simply takes faith even though violation original injunction essential part reasoning whereby approves portions amended injunction even though petitioners denied violation original injunction even though utter lack proper basis challenged portions injunction hardly inspires confidence lower courts knew even though close examination factual basis essential conclusions usual practice first amendment cases see claiborne hardware edwards south carolina fiske kansas see also bose consumers union rehnquist dissenting let us proceed inquiry neglected amended permanent injunction trial found madsen women health despite injunction september interference ingress petitioners facility form persons paved portions dixie way standing without obvious relationship others moving without obvious relationship others holding signs approaching apparently trying communicate occupants motor vehicles moving paved surface marching circular picket line traversed entrance driveways two parking lots petitioners short section sidewalk joining two parking lots entering paved portion north lane dixie way returning opposite direction persons standing kneeling sitting unpaved shoulders public vehicular traffic approached area response congestion slow destination traffic either two parking lots petitioners traffic slowed even sometimes momentarily hesitate stop persons driveway moved way amended permanent injunction traffic slowed dixie way began turn clinic driveway vehicle approached persons designated respondents sidewalk counselors attempting get attention vehicles occupants give literature urge use clinic services sidewalk counselors assisted accomplishing approach vehicle hesitation momentary stopping caused time needed picket line open vehicle enter parking lot id madsen women health staff physician testified one occasion attempting enter parking lot clinic stop vehicle remained stopped respondent cadle others took time get way physician also testified witnessed demonstrators running along side front patients vehicles pushing pamphlets windows persons indicated interest literature emphasis added findings conclusions conceivably considered relate violation original injunction concern behavior protestors causing traffic street front abortion clinic slow causing vehicles crossing pedestrian street clinic parking lot slow even occasionally stop momentarily pedestrians madsen women health got way far appears findings results produced anyone intentionally seeking block oncoming traffic incidental effect persons engaged activities walking picket line leafletting public property front clinic factual finding petitioners engaged intentional purposeful obstruction let us compare activities earlier injunction violation asserted justification zone walking return leg picket line paved portion dixie way instead sidewalk congregating unpaved portion street may know violate municipal ordinance though alleged municipal police evidently seek prevent assuredly violate earlier injunction made mention prohibition causing traffic along dixie way slow response congestion also irrelevant injunction said nothing slowing traffic public rights way prohibited urging three things physically abusing persons entering leaving working using services abortion clinic allegation trespassing sitting abortion clinic allegation blocking impeding obstructing ingress egress abortion clinic last conceivable application seems must reasonably read refer intentionally blocking impeding obstructing temporary obstruction may normal incidental consequence protest activity obvious first context original injunction issued response petitioners threatened actions trespass blockade physical shutting madsen women health local clinics secondly narrow meaning intentional blockade impediment obstruction intended covered everything including incidental momentary stopping entering vehicles persons leafletting picketing original injunction failed axiomatic requirement terms drawn precision see milk wagon drivers dobbs law remedies ed moore lucas sinclair moore federal practice ed cf order granting injunction shall specific terms shall describe reasonable detail act acts sought restrained finally original injunction narrow meaning assuredly unconstitutional since prevented activities insofar record shows neither criminally civilly unlawful inextricably intertwined unlawful conduct see milk wagon drivers supra carroll original injunction read must nothing trial findings suggest violated today speaks failure first injunction protect access ante first injunction broadly protect access forbade particular acts impeded access intentionally blocking impeding obstructing trial findings identify none acts mild interference access incidental byproduct leafletting picketing sitting linking arms packing en masse driveway alleged trial even make finding one occasion protestors took time get way enough support madsen women health proscription free speech first amendment grave peril almost forgot address facts showing prior violation law including judicial order respect portion injunction upholds noise within earshot patients provision perhaps amazingly neither florida courts makes slightest attempt link provision prior violations law relevant portion opinion part simply reasons hospital patients bothered noise political protests anything else certainly true therefore noise restrictions imposed injunction certainly false since law reasonable words enacted single man bind single class social protesters demonstrators often making respondents videotape accurate noise petitioners continue shout chants opponents exiled across street hearts content says upheld similar noise restrictions past ante citing grayned city rockford grayned involved ordinance injunction applied everyone authority invokes nlrb baptist hospital describes evaluating another injunction involving medical facility ante evaluated thing baptist hospital like grayned involved restriction general application adopted hospital case event dealt whether government violated first amendment restricting noise whether hospital violated national labor relations act restricting solicitation including solicitation union membership madsen women health perhaps local ordinance melbourne florida prohibiting loud noise vicinity hospitals abortion clinics perhaps even florida common law prohibition applies rendering noisemaking tortious record case shows alas opinion today demands neither indication existence law finding violated fact law reasonable enough according justify single judge imposing upon protesters alone first amendment even common law injunctions see reels disbelief even attempt response point made section insofar injunction noise concerned portion opinion ante even allege violation prior injunction support abridgment speech respect zone attempts response displays either misunderstanding point made effort recast answerable one point rely response suggests ante upon earlier description videotape set forth context show reader suppression normal peaceful social protest afoot relevant point petitioners studiously refrained challenging factual basis injunction ibid accept facts florida found deny facts support conclusion set forth separate portion opinion quoted original injunction violated concludes response follows must therefore judge case assumption evidence testimony presented state supported findings madsen women health presence protesters standing marching demonstrating near clinic entrance interfered ingress egress clinic despite issuance earlier injunction ante sum interests assertedly protected supplementary injunction include interest whose impairment violation florida law florida injunction unless intends today overturn jurisprudence means interests possibly qualify significant interests new standard finally turn application second part test whether provisions injunction burden speech necessary serve significant interest protected test seems amply obviously satisfied regard noise restriction approves noise reach patients abortion clinic forbidden even times certain fixed hours surgical procedures recovery periods madsen women health latter limitation may raise vagueness notice problems concern us moreover noted earlier noise restriction invalid grounds regard zone however seems obvious test sets met assuming significant state interest sort cognizable injunction purposes one protected law threatened violated keeping pedestrians paved portion dixie way enabling cars cross public sidewalk clinic driveways without slow come even momentary stop surely number ways protect interests short banishing entire protest demonstration zone starters first time ordered demonstrators stay street original injunction remotely require limited number demonstrators permitted clinic side dixie way forbidden pickets walk response options state convinced work view failure first injunction protect access ante must accept conclusion valid original injunction contained command least clear command disobeyed contained nothing even related staying street burden speech necessary requirement avoided merely opining reason lesser restriction one obeyed much requirement need engage precise analysis since admits requirement taken seriously need complete buffer zone madsen women health says may debatable deference must given state familiarity facts background dispute parties even heightened review ibid emphasis added application words burden speech necessary test become arguably burden speech necessary test renders scrutiny stringent plain old intermediate scrutiny considerably less stringent another disturbing part analysis reliance upon fact witnesses conceded buffer zone narrow enough place petitioners distance greater feet cars approaching leaving clinic rotesters standing across narrow street clinic still seen heard clinic parking lots ibid consideration whether injunction leaves open effective alternative channels communication classic time place manner regulation intermediate scrutiny review see ward rock racism context reasonable since case general regulation establishing time place manner restrictions citizens issue petitioners right merely demonstrate protest reasonably effective place demonstrate protest want floridians namely right public sidewalk front clinic ne exercise liberty expression appropriate places abridged plea may exercised place schneider state town irvington whether petitioner might used forum consequence even another forum available fact alone justify otherwise impermissible prior madsen women health restraint southeastern promotions conrad military order however unconstitutional apt last longer military emergency judicial opinion rationalizes constitution show constitution sanctions order time validated principle racial discrimination criminal procedure transplanting american citizens principle lies like loaded weapon ready hand authority bring forward plausible claim urgent need decided seems reported media abortion case go lawbooks cited injunction case damage novel principles produce considerable proposition injunctions speech subject standard indistinguishable unless perhaps lenient application intermediate scrutiny standard used time place manner legislative restrictions notion injunctions speech need closely tied violation law may simply implement sound social policy practice accepting trial conclusions permitting injunctions without considering whether conclusions madsen women health supported findings fact latest abortion jurisprudence give friends liberty great concern reasons dissent portion judgment upholding parts injunction justice stevens believes injunctions judged lenient standard legislation injunctions apply solely engaging illegal conduct judicially deprived liberty ante punishing unlawful action judicial abridgment first amendment rights interesting concept perhaps eighth amendment rights next know authority proposition restriction speech rather fines imprisonment sanction misconduct supposed prior violation judicial order thing rendered petitioners subject personally tailored restriction speech first place order punish protect public order say prior violation subjects singled fashion also loosens standards protecting public order speech restrictions double counting justice souter seeks contradict saying trial judge made reasonably clear issue acting concert named defendants decided basis protesters viewpoints see tr apr hearing way respond scattershot assertion refer reader cited pages plus one page clarifies might ambiguous page pages reproduced verbatim appendix opinion reader observe remotely support justice souter assertion injunction distinguish basis viewpoint statement compared today opinion says ante injunctions prior restraints least nasty kind restrain speech certain area basis issuance content prior unlawful conduct distinction antecedent cases claiborne hardware involved monetary damages injunction consequence purposes point making careful insulate elements speech infected illegality justice souter points petitioners acknowledge governmental interests protection public safety order free flow traffic property rights reflected florida law see brief petitioners citing various florida statutes true quite irrelevant preceding sentence text shows concerned state laws general state laws respondents found violated finding violation cited florida statutes subsequent discussion shall give florida trial benefit doubt assume phrase continue impede obstruct expresses conclusion petitioners violated provisions original injunction prohibited impeding obstructing entirely clear however florida fact asserting violation original injunction far record shows assessed penalty violation impeding obstructing embrace many different things shall discuss presently come within meaning original injunction appendix opinion justice scalia madsen women health jane doe yes sir heard injunction everything american sorry judge trying matters perhaps want present trial jane doe question confused people blockading clinic signs arrested along appeared violating injunction know injunction directed certain named defendants certain named organizations acting concert presumably say side acting concert named defendants jane doe concert nobody american citizen defending right assemble demonstrate perhaps matter defense present time trial jane doe injunction madsen women health madsen women health jane doe concert anybody say time trial perhaps defensive matter although told melbourne police department everyone put notice area restricted area presumably notice chose enter chose violate injunction arrested jane doe mean disrespectfully constitutional freedom public sidewalk nothing constitution says anyone entitled walk sidewalk jane doe right demonstrate right assembly right religion practice praying sidewalk understand denied subject regulation provided south shoulder dixie way area done madsen women health quintero defendants idea set injunction quintero working conjunction anybody know anything belong group absolutely anything like normal christian went pray sidewalk may defensive matters saying bring first lawyer time trial madsen women health quintero okay like formally request injunction look incarcerated make arrangements talk counsel lawyer knows obtain copy copies available branch courthouses melbourne melbourne city hall copies available clerk office seminole county quintero time lawyer see difficult go melbourne courthouse incarcerated madsen women health john doe determination injunctive order arrest know know know officer used perceptions eyes ears took note activities going reasons know believed concert enjoined injunctive order expanded include subject injunction john doe issued injunctive order include someone might believe abortion right assemble let say abortion basis arrest considered evidence john doe one things one reasons arrested opposed abortion clinic john doe okay stand testify oppose abortion make difference arrest madsen women health ca unarrested arrested john doe charged violating order prosecutor state attorney make charge decision sometimes lawyers representing clients go prosecutor advance charge decision ask know consider additional matters might cause make charge decision matters lawyers best know john doe issued injunction determine apply apply people demonstrating effect yes john doe okay thank questions john doe thank give date john doe number eighteen pages maclean yes please honor okay direct pretrial release officer interview provide results interview judge eaton today consider release wish considered counsel maclean thank questions maclean yes please extend gracious offer reduce bond also madsen women health surely reduce bond hundred dollars clerk total hmm clerk total ca deal clerk eleven hundred eleven hundred yes maclean respectfully sir arrest report allege acting concert anyone embodied phrase violation injunctive order arrest report formal charge presumably within formal charge reference sir maclean finished questions sir may make statement promise wo ca deal statement words got lot people see statement may defensive nature matter brought trial matter maclean wish thank melbourne police department sharpes correctional facility people seminole gracious professional treatment us thank behalf maclean okay sir john doe number eighteen order clerk yes sir designated john doe number eighteen wish maintain designation proceedings page