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S 223119th CongressIn Committee

Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025

Introduced: Jan 23, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill, titled the Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025, would repeal the federal prohibition known as the Freedom of Access to Clinic Entrances (FACE) Act, codified at 18 U.S.C. § 248. The FACE Act currently makes certain actions that obstruct, deter, or intimidate people seeking or providing reproductive health services at clinics a federal offense. By repealing § 248, the bill would remove these federal prohibitions and shift authority away from federal enforcement in this area. The repeal would apply to prosecutions that are pending on or commenced after the date of enactment, meaning ongoing or new federal prosecutions under FACE would be affected. The short title signals a emphasis on First Amendment rights and peaceful civil disobedience.

Key Points

  • 1Repeal of 18 U.S.C. § 248 (FACE Act): The core change eliminates the federal prohibitions on actions intended to prevent or interfere with access to clinics that provide reproductive health services.
  • 2Clerical amendment: The table of sections in Title 18 would be updated to strike the entry for § 248, reflecting its removal.
  • 3Applicability to prosecutions: The repeal would apply to any federal prosecution that is pending on the enactment date or that commences on or after the enactment date.
  • 4Short title: The bill designates the act as the “Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025.”
  • 5Policy effect: By removing the FACE Act, federal penalties for blocking access to clinics or related actions would no longer apply; enforcement in this area would rely on other laws (including state or local laws) rather than federal law.

Impact Areas

Primary group/area affected: Clinics and personnel involved in reproductive health services, patients seeking services, and individuals who protest or demonstrate at clinics (as federal penalties specific to interfering with clinic access would be removed).Secondary group/area affected: Federal, state, and local law enforcement and prosecutors who currently use FACE Act provisions; advocacy organizations on both sides of the abortion-access debate.Additional impacts: Remains dependent on other laws to address disruptive or violent conduct; possibilities for changes in safety dynamics around clinic sites; potential shifts in jurisdiction and enforcement from federal to state/local levels; possible implications for civil rights and public safety debates related to protest rights and access to health care facilities.
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