In Bering v. Share, the Washington Supreme Court upheld a broad injunction against the activities of Share, an anti-abortion activist group. The court found that a restriction of Share's free speech rights was necessary to protect children from the harmful effects of Share's language, and to protect the constitutional right to abortion. Consequently, the court restricted Share's use of the words "murder" and "kill," and limited Share's picketing to the side of the medical building. This Note assesses the Bering court's federal constitutional foundation for its restrictions of protected speech, and suggests an alternative basis and reduced scope for the injunction. The Note concludes that although Share's assaultive conduct was not entitled to first amendment protection, the injunction infringed on Share's right to free speech.
Abortion, Protest, and Constitutional Protection—Bering v. Share, 106 Wn. 2d 212, 721 P.2d 918 (1986),
62 Wash. L. Rev.
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