Appellate Section
FREEDOM OF ACCESS TO CLINIC ENTRANCES ACT
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United States v. Alaw (D.C. Cir.) -- Appellee
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Whether the district court erred in finding that Defendants were
sufficiently likely to violate the Freedom of Access to Clinic
Entrances Act, 18 U.S.C. 248 (Access Act), in the future to warrant
issuing an injunction
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Whether injunctive relief under the Access Act must be predicated
upon pervasive, egregious, unlawful conduct
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Whether injunctive relief is prohibited if civil penalties are available
to deter future illegal conduct
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Whether the injunction issued on remand violates the First
Amendment because it prohibits otherwise lawful expressive conduct
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Whether the district court was required by the First Amendment to
prohibit only acts committed with the mens rea necessary to prove a
violation of the Access Act
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Whether the injunction is unconstitutionally overbroad because it is
not tailored to each covered facility
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Whether the injunction is unconstitutional because it does not permit
Defendants to sit, stand or kneel alone in front of the entrances of
covered facilities
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United States v. Alaw (D.C. Cir.) -- Appellee
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Defendants' conduct violated the Freedom of Access to Clinic Entrances
Act
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Injunction issued to enforce FACE does not violate the First Amendment
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United States v. Gregg (3d Cir.) -- Appellant/cross-appellee
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Defendants are individually, not jointly and severally, liable under the
Freedom of Access to Clinic Entrances Act for statutory damages of $5,000
per violation
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FACE is a valid exercise of the Commerce Clause
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FACE does not violate the First Amendment
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FACE is not vague or overbroad
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United States v. Hart (8th Cir.) -- Appellee
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FACE is a valid exercise of the Commerce Clause
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FACE does not violate the First Amendment
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FACE is not vague or overbroad
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Parking rental trucks at the entrance of abortion clinics could constitute
a "threat of force," in violation of FACE
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Updated July 25, 2008