Hill v. Colorado — Souter, J., Concurring

Summary

Justice Souter, joined by Justices O'Connor, Ginsburg, and Breyer, concurred in the Court's judgment and explained why the Colorado eight-foot approach restriction should be treated as a content-neutral time, place, and manner regulation. He reasoned that the law regulates unwanted approaches rather than the ideas conveyed, leaves stationary speakers free to communicate, and is sufficiently tailored despite possible applications to other health-care settings. Justice Kennedy, dissenting, would have held the statute content based, vague, overbroad, and insufficiently tailored; Justice Scalia, joined by Justice Thomas, likewise would have applied strict scrutiny and invalidated it.