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Freedom of Access to Clinic Entrances Act

Freedom of Access to Clinic Entrances Act
Great Seal of the United States
Long title Freedom of Access to Clinic Entrances Act of 1994
Acronyms (colloquial) FACE
Enacted by the 103rd United States Congress
Effective May 26, 1994
Citations
Statutes at Large 108 Stat. 694
Codification
Titles amended 18
U.S.C. sections created 248
Legislative history
  • Introduced in the Senate as S.636 by Sen. Edward M. Kennedy (D-MA) on March 23, 1993
  • Passed the Senate on November 16, 1993 (69-30)
  • Passed the House of Representatives on March 17, 1994 (237-169)
  • Reported by the joint conference committee on May 2, 1994; agreed to by the House of Representatives on May 5, 1994 (241-174) and by the Senate on May 12, 1994 (69-30)
  • Signed into law by President Bill Clinton on May 26, 1994

The Freedom of Access to Clinic Entrances Act (FACE or the Access Act, Pub. L. No. 103-259, 108 Stat. 694) (May 26, 1994, 18 U.S.C. § 248) is a United States law that was signed by President Bill Clinton in May 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.

The following behaviors have especially to do with reproductive health care clinics but can also be applied to places of worship

The following behaviors are not prohibited because they are protected under the First Amendment right to free speech:

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 Justice provided formal definitions for these terms:

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 Federation (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, invasions and bombing, 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 Dr. David Gunn, a physician whose medical practice included abortion procedures, 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 enforcement. 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.


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