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** Should Protesters Be Allowed to Shout in Front of Justices' Homes? ([link removed])
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by Alan M. Dershowitz • May 16, 2022 at 5:30 pm
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* I think interfering with the personal lives of judges, whether in their homes, the restaurants they eat in, or their children's schools, goes beyond what should be acceptable in a democracy. Such actions, even if constitutionally protected, should be condemned by descent people.
* We live in an age where many, on both sides of the political spectrum, believe, and act on the belief, that noble ends justify ignoble means. That of course is a matter of degree. There may well be extreme situations where such intrusive protests might, under some circumstances, be morally acceptable. But this should not apply to protesting unjust judicial decisions of a divided court.
* Most non-violent protests are constitutionally protected. Violent ones are not. And there are close cases that may turn on the specific facts, such as entering the Capitol to protest the counting of the votes of presidential electors. (I am representing one such defendant).
* So I will protest the morality of those who are demonstrating in front of US Supreme Court Justice Samuel Alito's home, while defending their right to do so peacefully and within constitutional limits.

Interfering with the personal lives of judges, whether in their homes, the restaurants they eat in, or their children's schools, goes beyond what should be acceptable in a democracy. Such actions, even if constitutionally protected, should be condemned by descent people. Pictured: Demonstrators march to the house of US Supreme Court Justice Samuel Alito in Alexandria, Virginia, on May 9, 2022. (Photo by Stefani Reynolds/AFP via Getty Images)

Pro-abortion protestors have assembled in front of Justice Samuel Alito's family home in an obvious effort to intimidate or punish him. It will not change his draft opinion regarding the overruling of Roe v. Wade, but the question arises: are such protests legal and/or desirable?

As to the legality there is a specific statute that criminalizes protest in front of the residences of judges, jurors or witnesses, that are intended to interfere with or obstruct justice. While that statute might be constitutional as it related to efforts to influence the verdicts of jurors, the testimony of witnesses or possibly even the decisions of elected judges during a trial, it is probably unconstitutional as applied to justices and appellate judges with lifetime appointments who are deemed to be immune from outside pressures.

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