Judge Upholds San Diego's 100-Foot Buffer Zone Limiting Leafleting Near Schools
A federal judge ruled that San Diego's ordinance creating a 100-foot buffer zone around schools does not violate the First Amendment.
In a decision issued Friday, Judge Gonzalo Curiel upheld San Diego's ordinance that establishes a 100-foot buffer zone around school entrances, places of worship and medical facilities, requiring demonstrators to secure explicit consent from anyone within eight feet before speaking or distributing literature. The judge concluded the rule passes intermediate scrutiny, serving a significant government interest in student safety and tranquility without unduly restricting speech.
The city cited a staff report noting occasional heated and physical altercations at Southern California schools as justification, which the court deemed sufficient evidence. Anti-abortion protester Don Blythe, who filed suit in 2024 claiming violations of his First and Fourteenth Amendment rights, was found not to be barred from conveying his message, as the ordinance leaves ample alternative channels for communication. Blythe’s lawyer, Michael Millen, announced plans to appeal the ruling to the Ninth Circuit Court of Appeals.
Why it matters
The ruling clarifies how far municipalities can go in limiting protest activities near schools while balancing free-speech rights.
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