Anti-abortion activist seeks to overturn San Diego's school buffer-zone law
Anti-abortion activist Don Blythe asked a federal judge to block San Diego’s ordinance that creates 100-foot buffer zones around school entrances, arguing it lacks evidence and infringes his First Amendment rights.
In San Diego, anti-abortion activist Don Blythe petitioned a federal court to invalidate the city’s 2024 buffer-zone ordinance that restricts speech within 100 feet of school entrances, medical centers and houses of worship. Represented by Michael Millen, Blythe claimed the city has offered no concrete evidence of harassment or obstruction to justify the rule, citing only a staff report lacking specific incidents. The law also bars signs and requires demonstrators to obtain permission before speaking to anyone in the zone, effectively limiting pamphleteering near Patrick Henry High School.
City attorney Michael Phelps maintained the ordinance is meant to prevent disruptive behavior, not to silence Blythe’s chosen method of outreach. Judge Gonzalo Curiel asked for any documented complaints or case law supporting the ordinance, while also acknowledging the city’s argument that protecting students from unwanted approaches is reasonable. The case centers on the balance between public safety around schools and constitutional free-speech protections.
Why it matters
The case tests how far municipalities can limit public speech near schools without violating constitutional rights.
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