Stacie C. Bering, Respondents v. Share, Appellants

Summary

The Washington Supreme Court (en banc) upheld a permanent injunction against antiabortion picketers insofar as it restricted picketing to a sidewalk away from a medical clinic's entrance, holding the place restriction valid under both the First Amendment and Washington Constitution article 1, section 5. It held the content restriction on oral use of the words 'murder' and 'kill' was not a classic prior restraint and could stand only if narrowed to apply when children are present, and remanded for that narrowing. The court affirmed contempt findings and an award of $7,000 in attorney fees and $1,200 in costs against two contemnors under RCW 7.20.100. Chief Justice Dolliver concurred specially, and Justices Dore and Andersen (joined by Goodloe, J.) dissented in part, contending the place restriction was overbroad and, in Dore's view, the content restriction an unconstitutional prior restraint.