AG’s Office Protects Right to Free Speech Defense

SALT LAKE CITY, UTAH - Attorney General Sean D. Reyes joined 14 attorneys general on an amicus brief at the United States Supreme Court in Coalition Life v. Carbondale. The case asks the Court to expressly overrule its now-undermined opinion in Hill v. Colorado, 530 U.S. 703 (2000), which permitted speech restrictions around healthcare facilities.

This case arose after Coalition Life challenged the Disorderly Conduct Ordinance of the City of Carbondale, Illinois. The City and all federal courts involved to date with this matter have invoked previous Supreme Court precedent in Hill, which conflicts with more recent Supreme Court cases such as McCullen v. Coakley, 573 U.S. 264 (2014), and Reed v. Town of Gilbert, 576 U.S. 155 (2015), but remains binding on lower courts. Both the district and appeals court ruled against Coalition Life, dismissing the case, leading to this appeal to the U.S. Supreme Court.

In their brief, the attorneys general write, "…Hill was wrong - and badly so. And overruling it is necessary. First, even though it conflicts with McCullen, Reed, and other cases, Hill remains binding on the lower courts when directly on point… Second, a suspect case remaining on the books, even when not directly on point, can lead courts astray… Third, there are plenty more situations in which individuals are losing their free-speech rights based on buffer-zone laws relying on Hill."

Joining Utah and Kentucky on the brief were the States of Arkansas, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.

Read the brief here.