Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025
- Sponsor
- Sen. Lee, Mike [R-UT]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 23, 2025
Bottom line
This bill would remove federal protections for access to reproductive health services by eliminating the FACE Act, potentially shifting enforcement entirely to state and local authorities and impacting ongoing federal cases.
What it actually does
This bill repeals 18 U.S.C. 248, commonly known as the Freedom of Access to Clinic Entrances (FACE) Act of 1994. The repeal would eliminate federal prohibitions against using force, threats of force, or physical obstruction to injure, intimidate, or interfere with persons seeking or providing reproductive health services, or to damage or destroy reproductive health facilities. The repeal would also apply retroactively to any pending or future prosecutions under the Act.
Proponents argue
Proponents argue that the FACE Act infringes upon First Amendment rights, particularly freedom of speech and the right to peaceful assembly and protest. They contend that the Act has been selectively enforced to target anti-abortion activists, stifling legitimate civil disobedience. Repealing it would restore constitutional liberties and ensure equal application of the law, allowing for robust public discourse.
Opponents contend
Opponents argue that repealing the FACE Act would remove a critical federal tool for protecting patients and providers of reproductive health services from violence, threats, and intimidation. They contend that the Act is necessary to ensure safe access to clinics and prevent disruptions, and its repeal would embolden extremist groups, leading to increased harassment and potential violence against those seeking or providing legal medical care.
The bill text is extremely short and straightforward, requiring minimal time to read. However, understanding its implications requires significant background knowledge of the FACE Act and its legal and social context.
Section 2(a)
Repeal of the Freedom of Access to Clinic Entrances (FACE) Act
This section entirely eliminates Section 248 of Title 18, United States Code, which is the federal law known as the FACE Act. The FACE Act currently prohibits individuals from using force, threats, or physical obstruction to interfere with a person obtaining or providing reproductive health services, or to damage reproductive health facilities. Its repeal means these specific actions would no longer be federal offenses, removing a key federal enforcement mechanism.
Supporters argue
Supporters argue that the FACE Act has been used to suppress legitimate First Amendment-protected protest activities, particularly those of anti-abortion activists. They contend that its repeal would restore free speech rights and allow for peaceful civil disobedience without fear of federal overreach, relying on existing state laws for actual violence.
Critics contend
Opponents assert that the FACE Act is a vital tool for protecting vulnerable individuals accessing healthcare and the medical professionals providing it. They argue that its repeal would leave patients and providers exposed to increased harassment, intimidation, and violence, potentially making it harder to access legal medical services.
Tradeoffs
The provision navigates the tension between protecting First Amendment rights to protest and ensuring safe, unhindered access to legal medical services. It also highlights the balance of power between federal and state enforcement regarding public safety and civil rights.
Section 2(c)
Retroactive Applicability of Repeal
This subsection specifies that the repeal of the FACE Act would apply not only to new offenses committed after the bill's enactment but also to any prosecutions that are currently ongoing or that begin after the enactment date, even if the alleged offense occurred before the repeal. This means individuals currently facing charges or convicted under the FACE Act could potentially have their cases dismissed or convictions overturned, affecting the finality of legal proceedings.