Springfield Planned Parenthood v. Jones

The First Amendment does not give a right to demand the attention of unwilling listeners:

The recognizable privacy interest in avoiding unwanted communication varies widely in different settings. It is far less important when "strolling through Central Park" than when "in the confines of one's own home," or when persons are "powerless to avoid" it. Id., at 21-22. But even the interest in preserving tranquility in "the Sheep Meadow" portion of Central Park may at times justify official restraints on offensive musical expression. Ward, 491 U.S., at 784, 792. More specific to the facts of this case, we have recognized that "[t]he First Amendment does not demand that patients at a medical facility undertake Herculean efforts to escape the cacophony of political protests." Madsen, 512 U.S., at 772-773.

The unwilling listener's interest in avoiding unwanted communication has been repeatedly identified in our cases. It is an aspect of the broader "right to be let alone" that one of our wisest Justices characterized as "the most comprehensive of rights and the right most valued by civilized men." Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting).24 The right to avoid unwelcome speech has special force in the privacy of the home, Rowan v. Post Office Dept., 397 U.S. 728, 738 (1970), and its immediate surroundings, Frisby v. Schultz, 487 U.S., at 485, but can also be protected in confrontational settings. Thus, this comment on the right to free passage in going to and from work applies equally-or perhaps with greater force-to access to a medical facility:

"How far may men go in persuasion and communication, and still not violate the right of those whom they would influence? In going to and from work, men have a right to as free a passage without obstruction as the streets afford, consistent with the right of others to enjoy the same privilege. We are a social people, and the accosting by one of another in an inoffensive way and an offer by one to communicate and discuss information with a view to influencing the other's action, are not regarded as aggression or a violation of that other's rights. If, however, the offer is declined, as it may rightfully be, then persistence, importunity, following and dogging, become unjustifiable annoyance and obstruction which is likely soon to savor of intimidation. From all of this the person sought to be influenced has a right to be free, and his employer has a right to have him free." American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184, 204 (1921).

We have since recognized that the "right to persuade" discussed in that case is protected by the First Amendment, Thornhill v. Alabama, 310 U.S. 88 (1940), as well as by federal statutes. Yet we have continued to maintain that "no one has a right to press even 'good' ideas on an unwilling recipient." Rowan, 397 U.S., at 738. None of our decisions has minimized the enduring importance of "the right to be free" from persistent "importunity, following and dogging" after an offer to communicate has been declined. While the freedom to communicate is substantial, "the right of every person 'to be let alone' must be placed in the scales with the right of others to communicate." Id., at 736. It is that right, as well as the right of "passage without obstruction," that the Colorado statute legitimately seeks to protect. The restrictions imposed by the Colorado statute only apply to communications that interfere with these rights rather than those that involve willing listeners.

The dissenters argue that we depart from precedent by recognizing a "right to avoid unpopular speech in a public forum," post, at 7 (opinion of Kennedy, J.); see also post, at 10-14 (opinion of Scalia, J.). We, of course, are not addressing whether there is such a "right." Rather, we are merely noting that our cases have repeatedly recognized the interests of unwilling listeners in situations where "the degree of captivity makes it impractical for the unwilling viewer or auditor to avoid exposure. See Lehman v. [Shaker Heights, 418 U.S. 298 (1974)]." Erznoznik, 422 U.S., at 209. We explained in Erznoznik that "[t]his Court has considered analogous issues-pitting the First Amendment rights of speakers against the privacy rights of those who may be unwilling viewers or auditors-in a variety of contexts. Such cases demand delicate balancing." Id., at 208 (citations omitted). The dissenters, however, appear to consider recognizing any of the interests of unwilling listeners-let alone balancing those interests against the rights of speakers-to be unconstitutional. Our cases do not support this view.25

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