Hill v. Colorado — Scalia, J., Dissenting

Summary

Justice Scalia dissenting with Justice Thomas, argues that the Court misapplied First Amendment standards by treating a Colorado statute regulating approach distances near medical facilities as a content-neutral time, place, and manner restriction. He contends the statute is content-based and viewpoint-specific regarding protest, education, or counseling about medical procedures, requiring strict scrutiny. Scalia further argues the Court adopted an invalid 'right to be let alone' interest on public streets and failed to satisfy narrow tailoring. Justice Kennedy, dissenting, concurs the statute is content-based, vague, and overbroad. Justice Souter, concurring, joins the Court finding the statute is a content-neutral time, place, and manner regulation narrowly tailored to protect access.