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Reason
Reason
Politics
Eugene Volokh

Nassau County (N.Y.) Buffer Zone Outside Houses of Worship Struck Down

Nassau County's Religious Safety Act "makes it unlawful for any person to," "from one hour before to one hour after 'any religious service, community meeting, ceremony, or other congregational, educational or organizational meeting or event,'"

demonstrate, picket, protest, distribute literature, display signs, engage in oral advocacy, or other forms of expressive or symbolic conduct, whether conducted individually or in groups, within thirty-five (35) feet of the Entrance Area or Driveway of a Place of Religious Worship.

As Judge Sanket Bulsara (E.D.N.Y.) noted Thursday in Borecky v. County of Nassau, this covers (among other things) "wearing a t-shirt that contains a political, religious, or symbolic message of any kind," since that is a "form[] of expressive or symbolic conduct." And it's unconstitutional, Judge Bulsara held (I think correctly), given McCullen v. Coakley (2014), which struck down a similar buffer zone outside abortion clinics. Here's a short excerpt from the long opinion:

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