Racketeering generally conjures up images of Mafia men, but the Racketeer Influenced and Corrupt Organizations Act has also been applied to demonstrators at entrances of abortion clinics. The Supreme Court rightly ruled 8-1 against charging protesters under this law, closing a legal loophole and protecting the important rights of free speech and assembly.
Claiming that demonstrators violated racketeering laws by committing extortion did not make sense because the issue concerns protecting women much more than clinics’ business. While the decision also ended a ban on clinic blockades, the Freedom of Access to Clinic Entrances Act still ensures women can enter and exit clinics. Rather than whining about how this law has lower penalties and is more difficult to enforce than the racketeering one, groups like the National Organization for Women should work to stiffen the law that actually applies to the issue. If their arguments make sense, they will strengthen their case with strong laws prohibiting interference at abortion clinics.
Scaling back the domain of the racketeering act ensures that it clearly serves its original purpose. However, the decision by no means leaves abortion clinics unprotected. The free access law will ensure that valuable boundaries which keep entrances clear at places like Planned Parenthood on Commonwealth Avenue will remain. Clinics and pro-choice groups have valid reasons to be concerned about protesters since abortion protests turn violent more often than many other issue-oriented demonstrations. However, they need to use laws that apply to the specific crime to punish and help prevent these incidents, rather than vaguely extending acts that have nothing to do with their problems.
Protesters at abortion clinics often try to intimidate women as a way to achieve their goals. But encountering others who vocally disagree is the risk of living in a free society. Just as women may make their own decisions about abortions, dissenters may gather together and say virtually anything they want. The right to protest as long as no one is hurt remains a vitally important element of the U.S. Constitution, and unrelated laws should not be allowed to prevent this pillar of democracy.