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1. a. What are the strengths of LiveWell Medical Center's legal case for an injunction prohibiting picketing/demonstrations by Frank Hill and his group at and

1. a. What are the strengths of LiveWell Medical Center's legal case for an injunction

prohibiting picketing/demonstrations by Frank Hill and his group at and around the

LiveWell Medical Center property?

b. What are the weaknesses of LiveWell Medical Center's case?

2. a. What are the strengths of Frank Hill and his group's legal case for a denial of an

injunction prohibiting their picketing/demonstrations at and around LiveWell Medical

Center, and particularly, the strength of their challenges based on their constitutional

right?

b. What are the weaknesses of Frank Hill and his group's case, and particularly, the

weaknesses of their challenges based on their constitutional rights?

3. Which side has the stronger case and is more likely to prevail?

NARRATIVE FACTS:

LiveWell Medical Center has 20 tenants providing health care services. Among the

tenants is Family Planning Partners, which performs abortions, sterilizations, birth control,

pregnancy testing, and sonograms. LiveWell Medical Center has two parking lots with 60

parking places, utilized by LiveWell Medical Center tenants, patients, and other users of its

facilities. The parking lot is not open to the public; special parking passes are required. There are

no public sidewalks or parks adjacent to LiveWell Medical Center or its parking lots.

LiveWell Medical Center is located in Bay City, California, which has enacted an

ordinance protecting abortion clinics with "buffer zones." Specifically, the Bay City ordinance

establishes 40-foot "protest-free zones" around every abortion clinic located within the city

limits. Anti-abortion (or "pro-life") activities are forbidden within these "buffer zones."

Frank Hill, a local anti-abortion/pro-life group leader, has led other group members in

recent anti-abortion/pro-life picketing across Bay City. Twice last week, Hill and his group

members demonstrated - noisily but otherwise peacefully - in one of LiveWell Medical Center's

parking lots, including in a part that falls within a "buffer zone" established by the Bay City

ordinance.

LiveWell Medical Center has sued Frank Hill and his group, seeking an injunction

prohibiting their picketing/demonstrations, both in the LiveWell Medical Center parking lot and

in any adjacent "buffer zone". In opposing LiveWell Medical Center's legal action against them,

Frank Hill and his group assert their freedom of speech and peaceful protest rights under the First

Amendment of the United States Constitution and their freedom of expression rights under the

Constitution of the State of California. They are also challenging the constitutionality of Bay

City's ordinance and its "buffer zones."

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