Is It Legal to Protest Outside Supreme Court Justices’ Homes?

Abortion rights activists have released the address of the homes of the six U.S. Supreme Court justices to protest in a targeted manner during Mother’s Day weekend, they could have been influenced by a belief that “turnabout is fair game.”

It’s referred to as “doxing,” the malicious web-based posting of private personal data about people or companies. This has been for a long time widely used by pro-choice activists.

A lot of people were concerned by the leaks in the case of Dobbs V. Jackson Women’s Health Organization that revealed the apparent intention of justices to invalidate Roe in v. Wade. Some may have believed that in this instance it is at the very least that doing doxing was justified.

If yes, then they need to be aware that going to the houses of Supreme Court justices comes with certain legal risks.

Doxing and the law

Doxing is itself an area of legal grey. It is not a federal law to prohibit sharing personal data online provided that the information can’t be obtained illegally for example, like hackers hacking into their email accounts.

The rule is that doxing should be part of a bigger program of stalking or harassment for it to be considered to be unlawful. Although doxing by itself may not be unlawful however, the actions that result from the doxing may be considered illegal.

The Picketing Limits

They could assert that they’re using the First Amendment rights in a method that does not amount to harassing. But the problem is that the federal law seems to block their protest.

“Picketing or Parading” law “Picketing or Parading” law provides that anyone “with intention of interfering with, blocking, or impeding the administration of justice or to the purpose to influence any judge, juror, witness or judge during the performance of the duties assigned to him,” cannot picket near the residence of a judge. If you are found guilty of this offense, it can result in up to an entire year in jail and a fine of up to $2,000 or either.

It is crucial to distinguish between the two It is that this law doesn’t apply to groups of people that oppose a decision of a judge, however, instead it is focused on groups that attempt for influence the decision. This is the case in this particular instance. using a draft leaked to the public that has not yet been made final and the appearance of attempting influence is evident.

There’s another precedent. In the case of 1965 U.S. Supreme Court case Cox v. Louisiana, justices concluded that the practice of occupying courtrooms outside and judge’s homes in order to influence rulings “infringes an important state desire to protect the judicial procedure.” In the majority opinion, justices argued that “mob law is the absolute contrary of the principle of due procedure.”

Legal experts are considering the issue and concluding that law seems to be clearly laid out.

“The law seems to be in place because protesters seem to be pickingeting and parades with the pertinent intention and in the appropriate sites,” said Tabatha Abu El-Haj, a specialist in right to protest at Drexel’s Law School.

Constitutional Rights and Obligations of the Citizens to Protest

The most recent survey on abortion from CBS News, shows that almost two-thirds Americans support the continued application of Roe V. Wade as the legal standard.

Evidently, a lot of Americans do not like what they see in the draft could happen if this widely popular law gets overturned. There is a strong sense of obligation to express their displeasure and try to prevent this Supreme Court from reaching the terrifying conclusion they are afraid of. However, it is possible that they will be faced with the possibility of being charged with criminal charges in federal court.

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