Freedom of Access to Clinic Entrances Act

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What is the Freedom of Access to Clinic Entrances Act?

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 former President Clinton in May of 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 services or providing reproductive 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.

Specific behaviors that are prohibited under F.A.C.E.

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

• Blocking a person’s access to the entrance of a facility
• Impairing cars from entering and/or exiting from a facility
• Physically stopping people as they are trying to walk toward an entrance or through a parking lot
• Making it difficult or dangerous to get in and/or out of a facility
• Trespassing on the property of a facility
• Committing any act of violence on a clinic employee, escort or patient
• Vandalization
• Threats of violence
• Stalking a clinic employee or reproductive health care provider
• Arson or threats of arson
• Bombings or bomb threats

Specific Behaviors that are not prohibited under F.A.C.E.

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

• Protesting outside of clinics
• Distributing anti-abortion materials
• Carrying signs
• Shouting (as long as no threats are made)

Definitions

  • 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.

1) Facility.--The term "facility" includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located.
(2) Interfere with.--The term "interfere with" means to restrict a person's freedom of movement.
(3) Intimidate.--The term "intimidate" means to place a person in reasonable apprehension of bodily harm to him- or herself or to another.
(4) Physical obstruction.--The term "physical obstruction" means rendering impassable entrance to or exit from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous.
(5) Reproductive health services.--The term "reproductive health services" means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.




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