With strikes and replacement workers . I dont think theyre the kind of sustained violence. This is an almost unique record. My understanding is there any Abortion Clinic that has not had a problem . There was a survey submitted when they were considering the statute. That reviewed the experience of the 10 facilities in existence in massachusetts. Six of them said they had certificate problems. Eight said they had at least regular protesters. There were two who did not report there was a significant problem. This is testimony by the clinics themselves. Correct. Thank you your honors. Thank you counsel. Mr. Gershengorn . This is a regulation that does not ban speech but effectively moves it from one part of the public form to another. In this case, away from the small areas. Which precedent governs this case . This is a regulation that does not ban speech but effectively moves it from one part of the public form to another. In this case, away from the small areas. Which precedent governs this case . Madsen upheld the 36 foot barrier. Aside from that, a number of the pillars of the arguments are directly contradicted by the precedent. The idea that you have the right to choose the this mechanism is contradicted by heferon and frisby. This court said, you have ample communication channels. In frisby, with the protesters said was you want to target a house. The court said you have alternative channels of communication. That pillars of the argument you can go door to door and mail things and make calls. I think that taylor of the argument argument at what is the argument here . Standing 35 feet away and yelling . The alternative is that quiet conversation and leafleting is permitted. It is the last 45 seconds when they enter the clinic. How do you know who is entering the clinic . The testimony is to the contrary. They get quite good at and to identifying who is going in and who is not. Some of what we are talking about is the last 45 seconds going in. Is your concern that there will be physical obstruction to the entrance . Let me just that. The answer is yes, but that is not all. How many federal prosecutions were brought in massachusetts for obstruction . Im not aware of the number. There were 45 prosecutions nationwide. They are for murder, arson, and chaining yourself to the doorway. Not for the quiet counseling and picketing like this. The federal interest that you are defending is you dont want this statute to be misinterpreted. What is wrong with the physical obstruction statute as an answer to many of the problems massachusetts is facing . What i dont get is an answer. As Justice Scalia has pointed out, these are not the types of defendants who are at issue in the face act. That is talking about murder, arson, and chaining to doorways. The statute is getting at something different. Congestion in front of doorways. Those are specific intent crimes. Both in the federal statute in massachusetts. Even a dog knows the difference between being stumbled over and kick. Kicked. You are saying that federal prosecutors cant tell the difference . What the testimony before the legislature was was that there was a congregation and massing of people. There were prochoice protesters. It was leading to congestion in front of the doorways. There were people handing literature to moving cars. Accidents and near accidents. The kinds of statutes that are at issue do not get the kind of peaceful, quiet yet congesting and disrupting conduct that is at issue here. I would urge you to look at there are specific arguments. The arguments that petitioners make is broad. The lower courts have uphold buffer zones around political conventions, circuses, funerals. The idea that you can defeat those buffer zones by saying, i would like to have a quiet conversation with the delegates as they go into the convention would wipe out a number of court of appeals decisions. How far do you think and what you think the state legislature or Congress Needs to find in order to establish his own around some category of facility which they have some evidence that there have been some disruptions and instructions in front of . How far do you think and what you think the state legislature or Congress Needs to find in order to establish his own around some category of facility which they have some evidence that there have been some disruptions and instructions in front of question mark in front of . There is a buffer zone around fraternal lodges. Im not aware of the history. What would they have to find . For slaughterhouses or sites where there are strikes . What they found around circuses and conventions is there is massing of people that prevents the orderly to and from with the facilities. This was not an isolated incident. They had tried other things. They had tried a narrower buffer zone. The testimony was, it was not working. The police were coming in and said, we cannot enforce it. Why . Because they had a hard time measuring consent. What kind of record that they need . Could there be a state law saying there could be no picketing . Isnt that thornhill versus alabama . They struck that down. That was very different. That was you can go anywhere near the facility and it was only one type of speech. This is content neutral. It is a narrow buffer zone. I understand the desire to create a buffer zone around certain sensitive facilities. What im asking is what requirements if any does congress or the state legislature have to meet before they can do that . If it is done, do we say they have a rational basis for it . So they can establish a buffer zone around any kind of facility . If not, what needs to be established . It is hard to have fast and hard rules. You would need a history of serious congestion and other problems. Some sort of showing that the alternatives were not working. That is what is here. This problem has been going on since 1994. This is not something the legislature woke up one day and said, in light of one incident, we will do this. They tried other things. The evidence supported this. What about the example of a strike . There are labor violence examples and replacement workers. That would be hard to defend. If there were before the legislature, as there is in this case, the kind of congestion and the solution is narrower than the petitioners are suggesting. It is to clear out an area around the entrance. 22 feet in the entrance in boston from the edge of the doorway to the buffer zone. It is an nba threepoint zone. Go back to Justice Alitos first question. The regulation of labor is up to the nlrb. A regulate picketing and what you can and cannot do. The courts have reviewed that. What standards do they use when they decide the pickets can go here but not there . You can do this but not that . All this has speech implications. What standard does the court use . I am not aware of the standards they use. Are you aware of any case where it has different from the ordinary standards . Should we create a new standard . I dont think so, your honor. Three minutes remaining. Thank you mr. Chief justice. Several points. It is not impossible to draw statute to deal with problems. 49 other states deal with the alleged problems. This will be the first prosecution in at least two decades. Is this the only statute of its kind . Is the lay state of this kind. This will be the first prosecution in at least two decades. Is this the only statute of its kind . Its the lay state of this kind. There are few municipal statutes of this kind. The Police Officers testified that they know the regular players. They know the mall. If you know them all and they are congregating, you should get an injunction and get them out of the way. All the evidence that the u. S. Cited, all of it, boston, saturday mornings. The claim that they can extrapolate from that to ban peaceful speech at boston at other times when the sidewalk is empty and at other clinics when the sidewalk is empty and save there is abortion, therefore we will make it illegal to speak there. The evidence is boston specific to read the First Amendment requires precision. If that means Police Officers or dispersal laws. They ought to do that. But they should not imprison her for her speech. Is it limited to the situations . Is not. I direct the court to do section c. Im sorry, the definition section of the statute. Definition for. Physical obstruction. Making entry unreasonably difficult. Counsel said that they brought 45 cases across the country. Zero in massachusetts. To the extent that the court feels the need to recognize that there are some situations that are so short marry that we should put people in prison for peaceful conversations on public streets, that ought to be an exceptional case where the statute has strict scrutiny. That is not the case here. They did not say would be impossible, they said it would be hard. 49 other states do other things. The federal government protects peaceful speech. If somebody is in the doorway and they need to get out of the doorway, the answer is, sir, please get out of the doorway. The answer is not dragging mrs. Mccullen to prison. That is an extraordinary power to the government to enforce. Thank you. Think you counsel. Counsel. You, cases submitted. [captions Copyright National cable satellite corp. 2014] [captioning performed by national captioning institute] coming up next, president obama to prevent Sexual Assaults on College Campuses. And then regulating domestic drone used. Use. Thursday, a discussion on recent spike environment in iraq a potential iraq a government plan to great advances in parts of the country. The speaker of the iraq council of representatives speaks at the Brookings Institution lives at 9 a. M. Eastern on cspan 2. At 11 a. M. , tellall book discusses recommendations on foreignpolicy issues. Live coverage of that event also on cspan 2. Many of egyptians came town down to the streets in a nationwide protests. After landing in going toward tarver your square square, im stuck at one of the checkpoints and they search the car. They said, come with us. We want to talk with you for a wild. I went to a place in which i do not know the location. At the time, you do not know who is interrogating you. I realized at a certain point there is a dvd in my car and i need to get rid of it. I mean my way to the car and excuse myself to the bathroom and try to destroy it by breaking it. I didnt know if youve ever tried to break a dvd. It is quite hard. I shoved it down the drain. I went back into the Interrogation Room feeling offident i had gotten rid evidence that could possibly keep me there for a lot longer. Later, the guy came into the bathroom with a piece of the dvd in his hand. Ofmore with the direct your the documentary the square sunday night at 8 p. M. On c spans q a. Obama introduced an initiative to prevent Sexual Assault on College Campuses. This is 20 minutes. [applause] folks, let me start off by telling you why ive never had a doubt about putting this man on the ticket and why i am proud of Valerie Jarrett and all that she does. One of the first things the president did when we took office was set up a council of women and girls because he believed with every fiber in his being that his daughters and my granddaughters are entitled to every solitary opportunity my grandson and sons are in right now without single exception. Establish the council on women and girls and appreciate the way valley and the council have graced its mission. Im proud to be working with you, valid. Great job. With you, valerie. Great job. Especially want to say thank you to the president for appointing the firstever advisory on violence against women and working directly with me in the white house inside this building. He knows what i know. It is a basic human right. No man has a right to raise a hand to the woman for any reason , any reason other than self defense. He knows that a nation posing decency is a large part a measure on how he response to violence against women. He knows our daughters and sisters and wives and mothers have every single right to expect to be free from violence and sexual abuse no matter what she is wearing, no matter whether she is in a bar or dormer cherry dormitory, drunk or sober. No man has a right to go beyond the word no. If she cannot consent, it also means no. That as well makes it a crime. The president also knows that we have to stop blaming the victims for these crimes. No one asked the person who got robbed at gunpoint on the street, why were you there and what were you doing and what were you wearing and what did you say . You offend someone . We encourage people to come forward and we do not need to explain why someone took our money. But father used to say that the greatest abuse of all was abuse of power. The cardinal sin among the use a man to baser his hand to a woman. That is a cardinal sin. There is no justification for us to not intervene. Men have to step up to the bar here. And then had to take on responsibility. They have to intervene. The measure of manhood willingness to speak up and speak out begin to change the culture. A ladies and gentlemen, i want who hase you to a man been wanting to change the environment for his daughters and my granddaughters and women all across the u. S. It is stamped in his dna. It is in his bloodstream. Were lucky to have him. Ladies and gentlemen, president barack obama. [applause] thank you. Thank you. Lease have a seat. Hello on everybody. Welcome to the white house. You on my administration, partners with the White House Council on women and girls led by valerie, thank you to all of you for being here today and for the work that youre doing every day in matters to all of us. Prevent that outrage, the crime of Sexual Violence in america. I want to say mercy to the members of my cabinet who are here today. To have secretary chuck hagel, kathleen sebelius, and attorney general holder. Their presence here today and the presence of many leaders from across my administration is a testimony to how important we consider this issue and how committed we are across the entire government to meet this challenge. That of course includes our outstanding Vice President. A few people have brought more fashion to this fight over the when a lot of people believe Domestic Abuse was a private family matter and women in danger often had no one to turn to. Joe was saying this was unacceptable. It has to change. Thanks to so many in the commitment against in the commitment to violence against women act. Across thers open country. A National Hotline was created. As joe mentioned, it cultural shift began to occur. Americans came to say how serious this problem was and how we all need to do more to address it. More hopeesulted in and more safety and a new chance at life for countless women. Joe was on the front lines on this. You can tell his passion is a debating. We are very grateful for everything he has done. [applause] having that conviction and that passion bring this all here today because this is not an abstract problem that goes on in other families or communities. Not always talked about enough. It can so grow in the shadows. Everyone. Not all of us, our moms, wives, sisters, daughters, sons. Sexual assault is an affront on our basic decencies and humanity. For survivors, the pain can take years come even decades to heal. Sometimes it lasts a lifetime. It is in our neighborhoods are College Campuses are military bases or tribal lands, it has to matter to all of us. When a young girl or a young boy starts to question their self worth after being assaulted, maybe starts withdrawing, we are all deprived of their full potential. When a young woman drops out of school after being attacked, that is not just a loss for her, but a loss for our country. We have a stake in that young woman success. When a mother struggles to hold down a job after dramatic assault, or is assaulted in order to keep the job, that matters to all of us. Are a foundation of a strong country. If that woman doesnt feel like she has recourse just subject to abuse and we are not there to support her, shame on us. Of our military is assaulted by the very people he with, trusted and serves or when they leave the military voluntarily or involuntarily because they were raped, profound injustice that no one volunteers no one should endure that. Thanl violence is more just a crime against individuals. It threatens our families, communities, the entire country. It tears apart the fabric of our communities. That is why we are here today. We have the power to do something about it. ,s a government and as a nation we have the capacity to stop Sexual Assault, support those who survived it, in perpetuity bring perpetrators to justice. That is why last year i was thed to sign reauthorization of the violence against women act. We want to help end Sexual Assault unit that includes officerso train police and nurses and speed up the processing of untested rape kits. Olve unsolved cases get justice for victims. We push for the violence against women act or to include more protections for immigrants, lesbian, gay, and transgendered americans, native americans. No matter who you are or where you live, everyone in this country deserves security and justice and dignity. We have to keep reaching out to people who are still suffering in the shadows. Chief, ive made it clear that we need to deal aggressively with the problem with Sexual Assault and our forces. It has been going on too long. To protectobligation the men and women who put their lives on the line to protect us. And chairmanel dempsey have taken steps to reduce violence to support those who have been harmed. I have made it clear that i expect significant august in the year ahead. These crimes have no place in the greatest military on earth. I have directed agencies to do more to help members of their workforce who have been assaulted. Employers have a role to play as well. I went my administration to lead by example. That is why we are releasing a new report today that outlines all of our efforts and where we intend to do more. Met early today with secretary sebelius, hagel, duncan, attorney general holder, and Vice President biden, and members of the senior staff to discuss how to implement Going Forward to it i want to make sure we are doing everything we can to spare an