Constitutional Law

July 23rd, 2019 by Rieders Travis in Constitutional Law

CONSTITUTIONAL LAW-FIRST AMENDMENT-FACIAL CHALLENGE Bruni v. City of Pittsburgh, No. 18-1084 (3d Cir. October 18, 2019) Krause, C.J. This case requires us to determine the constitutionality of a Pittsburgh ordinance that creates a fifteen-foot “buffer zone” outside the entrance of any hospital or healthcare facility. Pittsburgh, Pa., Code § 623.04 (2005) [hereinafter “the Ordinance” or “Pitts. Code”]. In relevant part, the Ordinance states that “[n]o person or persons shall knowingly congregate, patrol, picket or demonstrate” in the prescribed zone. Id. Outside of a Planned Parenthood in downtown Pittsburgh, Plaintiffs engage in leafletting and “peaceful . . . one-on-one conversations” conducted “at a normal conversational level and distance” intended to dissuade listeners from obtaining an abortion. As the City has asserted that the Ordinance applies to this speech, known as “sidewalk counseling,” Plaintiffs argue that the Ordinance is facially unconstitutional under the First Amendment and the District Court erred in granting summary judgment in the City’s favor. Because we conclude that the Ordinance does not cover sidewalk counseling and thus does not impose a significant burden on speech, we will affirm. CONSTITUTIONAL LAW-14TH AMENDMENT-DUE PROCESS-PROCEDURAL DUE PROCESS-DISCIPLINARY POLICY Fagal v. Marywood…