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McCULLEN v. COAKLEY

Civil Action No. 08-10066-JLT.

844 F.Supp.2d 206 (2012)

Eleanor McCULLEN, et. al., Plaintiffs, v. Martha COAKLEY, et. al., in their official capacities only, Defendants.

United States District Court, D. Massachusetts.

February 22, 2012.

Attorney(s) appearing for the Case

Benjamin W. Bull, Alliance Defense Fund, Scottsdale, AZ, Kevin H. Theriot, Alliance Defense Fund, Leawood, KS, Mark L. Rienzi, Catholic University of America, Columbus Law School, Washington, DC, Michael J. Deprimo, Hamden, CT, Philip D. Moran, Salem, MA, for Plaintiffs.

Kenneth W. Salinger, Gabrielle Viator, Massachusetts Attorney General's Office, Boston, MA, Dwight G. Duncan, Southern New England School of Law, North Dartmouth, MA, for Defendants.

MEMORANDUM

JOSEPH L. TAURO, District Judge.

I. Introduction

This case concerns a recently revised Massachusetts statute, Massachusetts General Laws Chapter 266, § 120E ½ ("Act"), which establishes a thirty-five-foot fixed buffer zone around driveways and entrances of reproductive health care facilities ("RHCFs"). Presently at issue is Plaintiffs' challenge to the Act as applied to their speech activities at three RHCFs in...

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