Opinion

Bering v. Share

  • 106 Wash. 2d 212
  • 721 P.2d 918
Court
Washington Supreme Court
Filed
Jun 19, 1986
Status
Published
Author
Goodloe
On the bench
Pearson, Dolliver, Dore, Andersen, Goodloe
Cited by
226 cases

finding that the state 10 “has a compelling interest in avoiding subjection of children to the physical and 11 psychological abuse inflicted by the picketers’” offensive speech

How later courts described this case

  • finding that the state 10 “has a compelling interest in avoiding subjection of children to the physical and 11 psychological abuse inflicted by the picketers’” offensive speech
  • finding that the State had a compelling interest in protecting children from the psychological abuse inflicted by picketers' speech
  • upholding permanent injunction prohibiting anti-abortion protesters from using the words "murder," "kill," and their derivatives because state has "compelling interest in avoiding subjection of children to the physical and psychological abuse inflicted by the picketers' speech"
  • invalidating portion of an injunction that forbade speech harmful to children even if children were not present; “[t]he injunction cannot water down speech to make it suitable for the sandbox”

Written by the judges who cited it.

The opinion

Goodloe, J.

(dissenting) — I am in complete agreement with Justice Andersen's dissent. I write separately only to note that if, on remand, a narrower place restriction is imposed that such restriction should state specifically where the picketers may not be. Any injunction which states only where the picketers shall be is necessarily too broad and logically precludes them from being anyplace else.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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