The Court reasoned that where protesters have repeatedly used public places to engage in unlawful obstruction of access, the protesters may be excluded from those places. In sum, Madsen reaffirms that sidewalk counseling is a constitutional right but warns that those who persistently break the law may find themselves excluded from the sidewalk where they wish to counsel. The Court rejected the idea that such buffer zones would be permitted simply to insulate pregnant women from undesired sidewalk counseling. But unless and until a court creates such a zone, pro-life counselors remain free to use the public sidewalk. Furthermore, pro-life counselors who are peaceful and law abiding should retain their full constitutional right to engage in sidewalk counseling.
Sidewalk counseling remains a constitutional right.
There is of course no guarantee that sidewalk counselors will never face harassing lawsuits or false charges. Nevertheless, the person who carefully obeys the law while sidewalk counseling can minimize the chance of legal problems while continuing to reach out to help mothers and their babies.