Should anti-abortion groups be allowed to protest outside clinics?

What happens when rights collide

On 26 September, 40 Days for Life will begin “the largest and longest internationally coordinated pro-life mobilisation in history”.   The organisation is US-based, but operates worldwide. Ostensibly it exists to organise 40 days of Christian prayer and fasting, peaceful vigil and community outreach.  It just so happens this will be directly outside nine UK abortion providers including BPAS, Marie Stopes and NHS hospitals.

In our country it is clearly legal and permissible to organise a prayer vigil.  It is also permissible to seek advice on a termination and to have one carried out, within the terms of the law.  The question arises of what happens when the exercise of the first of these impinges on the second.

40 Days states that Christ taught us that some demons can only be driven out by prayer and fasting, and that these acts will bring an end to abortion. On its website it quotes from the Book of Chronicles about wicked people being listened to from heaven, and having their sins forgiven.  However, many would say it is less God’s intervention than the actions of its 500K+ members, which have led to the specific measurable results it boasts of.  These include having closed down 24 abortion centres, 69 workers having quit their jobs, and having “saved” 5,928 babies to date worldwide.

40 Days is not a simple prayer group: it is a highly organised body that agitates to obstruct and prevent individual women seeking legal terminations.  Participants book specific timeslots over its website at the locations targeted.  There’s a code of conduct for participants, none of which prohibits displaying distressing images, or photographing or filming attendees (all of which have happened previously at 40 Day vigils in the UK).  Last week members of the anti-abortion group, Abort67, were found not guilty of public order offences for displaying large images of aborted foetuses and approaching women entering a clinic in Brighton. One complainant had apparently been raped; another was attending following a miscarriage.

Most of us would doubtless subscribe broadly to the old line (misattributed to Voltaire) that we might disagree with someone’s view, but defend their right to say it.  This suggests an acceptance that freedom of speech should be an absolute, unlimited right.  In fact, almost everywhere the right is qualified, and for very good reason. In the US, the First Amendment is limited by a series of cases such as Schenck v US (the famous quote about free speech not protecting falsely shouting fire in a theatre and causing panic). In Europe, Article 10(2) of the ECHR specifically sets out permissible limitations on freedom of expression. We can, and should, argue about the parameters: draw the precise line where you will on the incitement of violence, hate speech, child pornography etc.  It is about balancing free speech with other values and rights society wishes to defend.

What is often missing, however, is an understanding that the context is sometimes as relevant as the words themselves. I personally have no problem with “Racist Tram Woman” expressing her views about immigration on a YouTube video. I’d probably listen for a bit, switch off and feel pity that someone has so much hatred.  No harm done: she is entitled to her views and I chose to listen. However, I do have an issue when the same words are directed at specific people on public transport. Their right not to feel threatened, to a quiet journey and to not be racially abused in front of their children conflicts with her right to express her views. The place and context are highly relevant. Similarly, shout “fire” at me in a soggy English field and I’d look round and not be alarmed, but in a crowded room I can well see why your right should be restricted. 

Fortunately most people realise that just because a right exists, doesn't mean it is must be exercised it in all contexts at all times.  I don’t need the law to dictate to me that I shouldn’t make cancer jokes to someone whose mother died of cancer. I inherently see the harm in that, even if I “have the right” to do so. Like most people in society, I try to exercise my rights mindful of others.

The problem comes when a minority of people use their speech to deliberately conflict with other people’s rights. Westboro Baptist Church is famous for picketing soldiers’ funerals with “God Hates Fags” signs. They believe God is punishing America by the deaths for its “gay tolerance”.  This led in August to President Obama’s signing a federal law that prohibited protests near military funerals. A Californian law was also signed this week that prevents protests within 300 feet of all funerals (Aids victims’ families have also been targeted).  

Free speech is the absolute cornerstone of a healthy, democratic society and restrictions on it must be limited and for good reason.  The above laws attempt to balance First Amendment rights with the rights of others to privacy and dignity, in the specific very upsetting context of a funeral. They permit the Westboro Baptists to express their views, but do not allow them to do so in a particular, limited place.

With this example in mind, we return to anti-abortion groups.  I do not agree with 40 Days that a woman may possess “evil demons that must be cast out”, but if they wish to “educate about abortion” on the internet, on street corners, in newspapers or in their churches, they should feel free. If they wish to change our abortion laws, they should march, lobby and bring the issue to politicians’ attention.  They could do this far more effectively in Westminster than outside an NHS hospital in Southampton.  If they truly believe that prayer and fasting will bring an end to abortion, they are welcome to organise vigils entirely free of food in any number of venues.  They presumably need not be outside clinics for an omnipresent God to hear them.

They are, of course, however highly disingenuous about their intentions.  They are groups that seek to bring about the end of abortion by influencing individuals in the difficult and sometimes deeply traumatic position of an unwanted pregnancy. They protest in front of clinics. It is hard to view their actions as not being direct intimidation. Their aims are quite transparent: to scare women off from having terminations and to close down services offering them.

We are faced again with a balancing act. There’s the wider social interest in protecting free speech, and the two sets of individual conflicting rights: the protestors who want to impose their personal values; and the rights of potentially vulnerable women to have privacy, access entirely legal services, and not feel threatened. A law that moves their vigils away from the doors of clinics undoubtedly involves a limited restriction on free speech. The protestors are still free to express their views, just not in a specific context, where it is likely to deliberately impinge on the rights of others. As such I’m clear where the balance rests for me, just as I’m clear that US-style anti-abortion tactics are here to stay in this country.

Pro-life protestor in the US. Credit: Getty Images
Photo: Getty
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Empty highs: why throwaway plastic goes hand in hand with bankrupt consumerism

We are in the throes of a terrible addiction to stuff.

A University of California study revealed this week that mankind has produced more than nine billion tonnes of plastic since the 1950s, with almost all of it ending up in landfill or the ocean. With the terrible effects of our decades-long addiction to throwaway packaging becoming increasingly apparent, it’s clear that a fresh approach is needed.

In April 2010, David Cameron set out his vision for Britain in the Conservative Party’s manifesto. Keen to show that the Tories had turned away from the "I’m Alright Jack" individualism of the 1980s, Cameron sought to fashion a softer, more inclusive brand.

The good society, Cameron argued, embraced much higher levels of personal, professional, civic and corporate responsibility. There was such a thing as society, and we’d all do well to talk to our neighbours a bit more. The Big Society, however, was roundly derided as a smokescreen for an aggressive tightening of the Government purse strings. And on the advice of his 2015 election fixer Lynton Crosby, Cameron later dropped it in favour of well-worn lines about economic security and jobs.   

While most would argue that the Big Society failed to amount to much, Cameron was at least right about one thing. We are happiest when we are part of something bigger than ourselves. No matter how much the credit card companies try to convince us otherwise, mindless individualism won’t make us nearly as contented as we’re led to believe by big conglomerates.

By any measure, we are in the throes of a terrible addiction to stuff. As a nation, we have run up unsecured debts of more than £350bn, which works out at £13,000 per household. Fuelled by a toxic mix of readily available credit and interest rates at historic lows, we cripple ourselves financially to feel the empty high derived from acquiring yet more stuff.

Purchasing has become a leisure pursuit, ensuring the rate at which we acquire new stuff exceeds the rate at which we can find somewhere to put it. Burdened with ever increasing amounts of stuff, consumers are forced to outsource their storage. The UK didn’t have a self-storage industry 30 years ago, but now it is the largest in Europe.

With the personal debt mountain soaring, we’d all do well to realise that we will never have enough of something we don’t need.

The growth of rampant consumerism has coincided with an explosion in demand for single-use plastic. Like the superfluous possessions we acquire, throwaway plastic packaging helps satisfy our desire to get exactly what we want without having any thought for the long-term consequences. Plastic packaging is easy and convenient, but ultimately, will do us immense harm.

In 1950, close to 1.5 million tonnes of plastic was produced globally. Today, the figure stands at more than 320 million tonnes. The vast majority of our plastic waste either ends up in landfill or the ocean, and our failure to kick the plastic habit has put is in the ludicrous position where there is set to be more plastic than fish in global seas by 2050.

There is also growing evidence that our penchant for endless throwaway plastic might be storing up serious health problems for our children later down the line. According to a University of Ghent study published earlier this year, British seafood eaters risk ingesting up to 11,000 pieces of plastic each year. The report followed UN warnings last year that cancer-causing chemicals from plastic are becoming increasingly present in the food chain.

Something must give. Unsustainable as our reliance on fast credit to finance ever more stuff, our addiction to plastic packaging is storing up serious problems for future generations. The instant gratification society, high on the dopamine rush that fades so quickly after acquiring yet another material asset, is doomed unless decisive action is forthcoming.

So what is to be done? The 2016 US documentary Minimalism points to a smarter way forward. Minimalism follows the lives of ordinary people who have shunned the rat race in favour of a simpler life with less stuff and less stress. The most poignant bit of the film features ex-broker AJ Leon recounting how he chose to forgo the glamour and riches of Wall Street for a simpler life. After a meteoric rise to the top of his profession, Leon decided to jack it all in for a more fulfilling existence.

While challenging the view that to be a citizen is to be a consumer is easier said than done, there are small changes that we can enact today that will make a huge difference. We simply have no choice but to dramatically reduce the amount of plastic that we can consume. If we don’t, we may soon have to contend with the ocean being home to more plastic than fish.

Like plastic, our bloated consumer culture is a disaster waiting to happen. There must be a better way.

Sian Sutherland is co-founder of campaign group A Plastic Planet which is campaigning for a plastic free-aisle in supermarkets.