Fargo Women's Health Organization, Inc. v. Lambs of Christ

VANDE WALLE, Justice.

In this appeal from an order granting a preliminary injunction, we must decide whether the district court properly balanced the rights of anti-abortion protestors to assemble and speak, on the one hand, against the rights of a clinic, its doctors, and its patients to be free from trespass, assault, and other tortious acts done by the protestors in advancing their message, on the other hand. We affirm in part, reverse in part, and remand.

This action began when the Fargo Women’s Health Organization, Inc., its doctors, and volunteers (collectively, “the clinic”) sought…