Anti-abortion protester loses free speech fight against San Diego ordinance

A federal judge in San Diego upheld a city ordinance creating a 100-foot buffer zone around schools, churches and medical facilities, rejecting a challenge from anti-abortion leafleter Don Blythe. U.S. District Judge Gonzalo Curiel found the rule narrowly tailored to protect student safety and said Blythe still had ample ways to spread his message, including standing in students' paths and handing out leaflets to willing listeners.

The city had pointed to a staff report describing heated and sometimes physical altercations at Southern California schools as justification. Curiel found that evidence sufficient, ruling the ordinance advances a significant government interest without silencing Blythe outright, just requiring consent from anyone within 8 feet.

Blythe's attorney appealed to the Ninth Circuit less than two hours after the ruling landed, expressing confidence the higher court will see it differently. The city, for its part, had no comment.

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