Virginia governor vetoes bill criminalizing free speech outside ‘health care facilities’

A bill requiring buffer zones around Virginia health care facilities has been vetoed by Governor Glenn Youngkin, who decried it as an assault on free speech.

Senate Bill 1324 would have strictly banned numerous activities surrounding “health care facilities,” though the language clearly is meant to refer to pro-life advocates outside of abortion facilities. Anyone who violated the terms of the bill, which could arguably even include prayer, would be subject to a Class 3 misdemeanor:

Obstructing health care facility access; penalties. Creates a Class 1 misdemeanor for any person not authorized by the health care facility who knowingly obstructs, detains, hinders, impedes, blocks, or delays another person’s entry to or exit from such health care facility, as defined in the bill.

The bill also creates a Class 3 misdemeanor for any person who knowingly approaches another person within eight feet of such person in the public way or sidewalk area within a radius of 40 feet from any entrance door to a health care facility, unless such other person consents to the approach, for the purpose of giving, tendering, or exhibiting any material to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person.

In his veto, Youngkin said the bill violates Virginians’ constitutional rights to free speech and assembly.

This legislation is an unconstitutional time, place, and manner restriction on the God-given, constitutionally protected right to the freedom of speech.

It creates new criminal penalties for what one might say or where they stand when they say it.

If this bill were to become law, a citizen of the Commonwealth, the crucible of our representative democracy, could be jailed simply for carrying a sign.

Earlier this year, the Supreme Court refused to hear a case that could have potentially overturned a precedent which allowed buffer zone laws to flourish. In 2000, the Supreme Court upheld a 1993 Colorado statute, which barred pro-life activists from being within eight feet of the entrance of an abortion business without consent to protest, educate, counsel, or distribute information. That led to the proliferation of buffer zones in abortion-friendly legislatures, thereby infringing upon the rights of pro-life Americans.

In Virginia, at least, these rights will be protected for at least a little bit longer.