Freedom of Access to Clinic Entrances Act
Encyclopedia
The Freedom of Access to Clinic Entrances Act (FACE or the Access Act, Pub. L.
No. 103-259, 108 Stat. 694) (May 26, 1994) is a United States law that was signed by President Bill Clinton
in May of 1994, which prohibits the following three things: (1) the use of physical force, threat of physical force, or physical obstruction to intentionally injure
, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is obtaining reproductive health services
or providing reproductive health services (this portion of the law typically refers to abortion clinics), (2) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is exercising or trying to exercise their First Amendment
right of religious freedom at a place of religious worship
, (3) the intentional damage or destruction of a reproductive health care facility or a place of worship.
right to free speech
provided formal definitions for these terms:
(NAF), an organization of abortion providers, since 1977 in the United States
and Canada
, there have been at least 9 murders, 17 attempted murders, 406 death threats, 179 incidents of assault or battery, and 5 kidnappings committed against abortion providers. In addition, since 1977 in the United States and Canada, property crimes committed against abortion providers have included 41 bombings, 175 arsons, 96 attempted bombings or arsons, 692 bomb threats, 1993 incidents of trespassing, 1400 incidents of vandalism, and 100 attacks with butyric acid ("stink bombs"). One anti-abortion group known as the Army of God, was especially active in committing these violent crimes. This group alone was responsible for bombing and setting fire to over one hundred clinics before 1994. They also invaded more than three hundred clinics and vandalized more than four hundred In 1993, officials found the Army of God Manual, a tactical guide to arson
, chemical attacks, invasion
s and bomb
ing, buried in the backyard of Shelly Shannon’s home. Shelly Shannon
was soon found guilty of the attempted murder of Dr. George Tiller that same year. In addition to committing acts of violence, many anti-abortion activists were known to stalk medical personnel and use their photographs on "Wanted for Murder" posters This on-going violence reached its peak in March 1993 when David Gunn
, a reproductive health care provider, was shot and killed by Michael F. Griffin
outside of the Pensacola Women's Medical Services clinic located in Pensacola, Florida
This increase in violence had become very burdensome to local law enforce. The Senate
decided that such unlawful conduct was interfering with the constitutional right of women to receive reproductive health care services (abortion
in particular), which has been guaranteed since the Supreme Court ruling of Roe v. Wade
in 1973
(NAF), incidents of the more disastrous forms of violence (such as murder, attempted murder, bombing and arson) have greatly decreased since 1994, the year the Freedom of Access to Clinic Entrances act was put on the books The Clinton administration prosecuted 17 defendants for violations of the F.A.C.E. act in 1997 alone and prosecuted an average of about 10 defendants per year since the law was enacted. The Bush administration, however, only prosecuted about two defendants per year for violations of the F.A.C.E. act. It is up to one’s personal interpretation whether this decrease in prosecutions was because the F.A.C.E. act did in deed deter would-be criminals from committing acts of violence or because the enforcement of this law simply was not a priority on the political agenda for the Bush Administration. According to Cathleen Mahoney, Executive Vice President of the National Abortion Federation and former attorney in the Justice Department, “The amount of [violent] activity really did drop a lot after FACE was enacted and it was beginning to be enforced,” however “…the political will wasn’t there.”
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
No. 103-259, 108 Stat. 694) (May 26, 1994) is a United States law that was signed by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
in May of 1994, which prohibits the following three things: (1) the use of physical force, threat of physical force, or physical obstruction to intentionally injure
Injury
-By cause:*Traumatic injury, a body wound or shock produced by sudden physical injury, as from violence or accident*Other injuries from external physical causes, such as radiation injury, burn injury or frostbite*Injury from infection...
, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is obtaining reproductive health services
Reproductive health
Within the framework of the World Health Organization's definition of health as a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity, reproductive health, or sexual health/hygiene, addresses the reproductive processes, functions and system...
or providing reproductive health services (this portion of the law typically refers to abortion clinics), (2) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is exercising or trying to exercise their First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right of religious freedom at a place of religious worship
Place of worship
A place of worship or house of worship is an establishment or her location where a group of people comes to perform acts of religious study, honor, or devotion. The form and function of religious architecture has evolved over thousands of years for both changing beliefs and architectural style...
, (3) the intentional damage or destruction of a reproductive health care facility or a place of worship.
Prohibited
The following behaviors have especially to do with reproductive health care clinics but can also be applied to places of worship- Blocking a person’s access to the entrance of a facility
- Impairing cars from entering and/or exiting a facility
- Physically stopping people as they are trying to walk toward an entrance or through a parking lotParking lotA parking lot , also known as car lot, is a cleared area that is intended for parking vehicles. Usually, the term refers to a dedicated area that has been provided with a durable or semi-durable surface....
- Making it difficult or dangerous to get in and/or out of a facility
- TrespassTrespassTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
ing on the property of a facility - Committing any act of violence on a clinic employee, escortClinic escortA clinic escort is a person who volunteers at an abortion clinic to help guide patients and staff into and out of the building. They serve to shield clients from pro-life demonstrators at the site. Escorts in the United States sometimes wear orange vests labelled "clinic escort".One clinic escort...
or patient - VandalismVandalismVandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
- Threats of violenceViolenceViolence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
- StalkingStalkingStalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
a clinic employee or reproductive health care provider - ArsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
or threats of arson - BombBombA bomb is any of a range of explosive weapons that only rely on the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy...
ings or bomb threats
Not prohibited
The following behaviors are not prohibited because they are protected under the First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to free speech
- ProtestProtestA protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...
ing outside of clinics - Distributing literature
- Carrying signs
- Shouting (as long as no threats are made)
- Singing hymns
Definitions
Many of the words used in the official text of the Freedom of Access to Clinic Entrances Act are subject to different interpretations. For this reason the Civil Rights Division of the United States Department of JusticeUnited States Department of Justice Civil Rights Division
The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin. The Division was established on December 9, 1957, by...
provided formal definitions for these terms:
- Facility—The term "facility" includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located.
- Interfere with—The term "interfere with" means to restrict a person's freedom of movement.
- Intimidate—The term "intimidate" means to place a person in reasonable apprehension of bodily harm to him- or herself or to another.
- Physical obstruction—The term "physical obstruction" means rendering impassable entrance to or exit from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous.
- Reproductive health services—The term "reproductive health services" means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
Rationale for the Act
The Act was passed in direct response to the escalation of violent tactics used by anti-abortion activists. Between the years 1978 and 1993, the number of violent crimes committed against reproductive health care providers, reproductive health care facilities and abortion clinics were steadily on the rise. According to statistics gathered by the National Abortion FederationNational Abortion Federation
The National Abortion Federation is an organization of abortion providers. Though originally a U.S. group, NAF has expanded to include practitioners in Canada and Australia as well as many European countries and Mexico...
(NAF), an organization of abortion providers, since 1977 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, there have been at least 9 murders, 17 attempted murders, 406 death threats, 179 incidents of assault or battery, and 5 kidnappings committed against abortion providers. In addition, since 1977 in the United States and Canada, property crimes committed against abortion providers have included 41 bombings, 175 arsons, 96 attempted bombings or arsons, 692 bomb threats, 1993 incidents of trespassing, 1400 incidents of vandalism, and 100 attacks with butyric acid ("stink bombs"). One anti-abortion group known as the Army of God, was especially active in committing these violent crimes. This group alone was responsible for bombing and setting fire to over one hundred clinics before 1994. They also invaded more than three hundred clinics and vandalized more than four hundred In 1993, officials found the Army of God Manual, a tactical guide to arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, chemical attacks, invasion
Invasion
An invasion is a military offensive consisting of all, or large parts of the armed forces of one geopolitical entity aggressively entering territory controlled by another such entity, generally with the objective of either conquering, liberating or re-establishing control or authority over a...
s and bomb
Bomb
A bomb is any of a range of explosive weapons that only rely on the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy...
ing, buried in the backyard of Shelly Shannon’s home. Shelly Shannon
Shelly Shannon
Rachelle Ranae "Shelley" Shannon is an anti-abortion gunwoman, saboteur, and rhetorician from Grants Pass, Oregon. She shot Dr. George Tiller in both arms, outside his abortion clinic in Wichita, Kansas, on August 19, 1993...
was soon found guilty of the attempted murder of Dr. George Tiller that same year. In addition to committing acts of violence, many anti-abortion activists were known to stalk medical personnel and use their photographs on "Wanted for Murder" posters This on-going violence reached its peak in March 1993 when David Gunn
David Gunn
David Gunn may refer to:*David L. Gunn , American railroad administrator*David Gunn , American*David Gunn , military science fiction author*David Gunn , American...
, a reproductive health care provider, was shot and killed by Michael F. Griffin
Michael F. Griffin
On March 10, 1993, Michael Frederick Griffin murdered Dr. David Gunn in Pensacola, Florida in the United States. This was the first documented assassination of an OB-GYN, to prevent a doctor from performing abortions....
outside of the Pensacola Women's Medical Services clinic located in Pensacola, Florida
Pensacola, Florida
Pensacola is the westernmost city in the Florida Panhandle and the county seat of Escambia County, Florida, United States of America. As of the 2000 census, the city had a total population of 56,255 and as of 2009, the estimated population was 53,752...
This increase in violence had become very burdensome to local law enforce. The Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
decided that such unlawful conduct was interfering with the constitutional right of women to receive reproductive health care services (abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
in particular), which has been guaranteed since the Supreme Court ruling of Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
in 1973
Effectiveness of the Act
According to statistics gathered by the National Abortion FederationNational Abortion Federation
The National Abortion Federation is an organization of abortion providers. Though originally a U.S. group, NAF has expanded to include practitioners in Canada and Australia as well as many European countries and Mexico...
(NAF), incidents of the more disastrous forms of violence (such as murder, attempted murder, bombing and arson) have greatly decreased since 1994, the year the Freedom of Access to Clinic Entrances act was put on the books The Clinton administration prosecuted 17 defendants for violations of the F.A.C.E. act in 1997 alone and prosecuted an average of about 10 defendants per year since the law was enacted. The Bush administration, however, only prosecuted about two defendants per year for violations of the F.A.C.E. act. It is up to one’s personal interpretation whether this decrease in prosecutions was because the F.A.C.E. act did in deed deter would-be criminals from committing acts of violence or because the enforcement of this law simply was not a priority on the political agenda for the Bush Administration. According to Cathleen Mahoney, Executive Vice President of the National Abortion Federation and former attorney in the Justice Department, “The amount of [violent] activity really did drop a lot after FACE was enacted and it was beginning to be enforced,” however “…the political will wasn’t there.”
External links
- Full text
- U.S. Department of Justice page
- http://www.prochoice.org/about_abortion/violence/FACE_act.html
- Anti-Abortion Violence Registry