When passed in 1994, the FACE Act was advertised as a bill to prevent protesters from blocking the entrances of both churches and abortion facilities. In reality, only peaceful, pro-life activists are ever prosecuted under this law. Last year, the FACE Act made national news when pro-life activist Mark Houck was arrested by dozens of FBI agents citing the FACE Act in relation to a pushing incident outside an abortion facility. After deliberating for less than an hour, a jury would later find Mr. Houck innocent. Most recently, several members of the Progressive Anti-Abortion Uprising were found guilty of violating FACE following a peaceful protest at a Washington D.C. abortion provider.
Not only is it used to go after innocent Americans, the law itself is unconstitutional. Congress originally claimed that the Commerce Clause and 14th Amendment Due Process Clause granted it the power to enact the FACE Act. However, The Constitution does not grant the federal government general police power. In Dobbs, the Supreme Court found that abortion is not a constitutional right and, therefore, these clinics should not be protected under the FACE Act. Further, pro-life “protest” and sidewalk counseling are not commercial activities subject to the Commerce Clause.
Senator Mike Lee (R-Utah) and Representative Chip Roy (R-Texas) have introduced bills (S.3017 and H.R.5577) in their respective chambers that would repeal this unjust legislation. Urge your Congressmen to support this effort.