An interesting and generally quite correct decision from the Ninth Circuit. The facts:
On March 24, 2003, Plaintiffs Paul Kulas, a Bio-Ethical
Reform employee, and Thomas Padberg, a Bio-Ethical
Reform volunteer, drove to Dodson Middle School in Rancho
Palos Verdes, California. Kulas drove a truck that displayed
the [large, graphic] photographic images of aborted fetuses and Padberg drove
an escort “security vehicle.” The security vehicle was a white
Ford Crown Victoria sedan equipped with a security cage,
red-and-amber flashing lights, push bars, and antennae
mounted on the roof. The two men arrived at the school at
about 7:30 a.m. — about thirty minutes before classes began.
They then drove on public streets around the perimeter of the
Plaintiffs’ graphic display quickly caused concern among
school officials. Defendant Art Roberts, an assistant principal
at Dodson Middle School, identified traffic as one of his primary
concerns. According to him, 85 to 95 percent of Dodson’s
2000 students arrive by bus or car between 7:15 a.m.
and 8:00 a.m. The students’ arrival causes “heavy traffic”
around the school. This traffic can become a safety hazard
when drivers or pedestrians become upset, angry, or distracted.
At a preliminary hearing, Roberts testified that during
the time he had worked at Dodson Middle School, vehicles on
streets around the school had struck five children and killed
On the day Plaintiffs were at Dodson Middle School, Assistant
Principal Roberts observed some children stopping on the
sidewalks and staring at the photographs of aborted fetuses,
while others momentarily stood in the middle of the street.
Faculty members also reported “abnormal” difficulty getting
children onto the campus.
Assistant Principal Roberts identified additional concerns.
He saw a number of children express anger over Plaintiffs’
graphic display. He also overheard a group of boys planning
to throw rocks