S.223 - Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025 (119th Congress)
Summary
S.223, the "Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025," aims to repeal Section 248 of Title 18, United States Code, which prohibits certain actions that obstruct access to clinic entrances. The bill is sponsored by Senators Lee, Wicker, and Hawley. It seeks to remove federal prohibitions related to freedom of access to clinic entrances.
Expected Effects
If enacted, this bill would eliminate federal penalties for obstructing access to clinic entrances. This could lead to increased protests and potential obstruction of access to healthcare facilities. The practical effect would be to shift enforcement to state and local authorities.
Potential Benefits
- Could be seen as strengthening First Amendment rights related to freedom of speech and assembly.
- May reduce federal government overreach by allowing states to handle these issues.
- Could lead to a decrease in federal law enforcement resources spent on enforcing Section 248.
- Supporters argue it restores the right to peaceful civil disobedience.
- Aligns with a philosophy of limited government intervention.
Potential Disadvantages
- May impede access to healthcare services, particularly for women seeking reproductive healthcare.
- Could lead to increased harassment and intimidation of patients and healthcare providers.
- May disproportionately affect vulnerable populations who rely on these clinics.
- Could strain state and local law enforcement resources if they need to handle increased protests.
- Opponents argue it undermines the right to healthcare access.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's proponents argue it aligns with the First Amendment, which protects freedom of speech and the right to assemble peaceably. However, opponents may argue that it infringes upon the right to healthcare access, potentially raising questions under the Fourteenth Amendment's Equal Protection Clause if access is disproportionately affected. The Commerce Clause could also be relevant if clinic obstruction affects interstate commerce.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).