Special Litigation Section—Freedom of Access to Clinic Entrances Act

The use of force or threats of force, physical obstruction, or property damage with the intent to injure, intimidate, or interfere with a person seeking to obtain or provide reproductive health services violates the Freedom of Access to Clinic Entrances Act, 18 U.S.C. § 248. The Freedom of Access to Clinic Entrances Act also contains a provision barring such conduct with the intent to injure, intimidate, or interfere with a person seeking to exercise religious freedom at a place of religious worship. The Freedom of Access to Clinic Entrances Act does not prohibit speech or expressive conduct protected by the First Amendment to the United States Constitution.

When a United States Attorney’s Office receives a complaint or other information suggesting a violation of the Freedom of Access to Clinic Entrances Act, that office should forward the complaint or other information to the Special Litigation Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (

see

JM 8-2.100

and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Special Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]