PolicyBrief
S. 223
119th CongressJan 23rd 2025
Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025
IN COMMITTEE

Repeals federal law prohibiting the obstruction of access to reproductive health service facilities. This repeal would apply retroactively to any ongoing or future prosecutions.

Mike Lee
R

Mike Lee

Senator

UT

LEGISLATION

Federal Protections for Reproductive Health Clinics Axed: 'Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025' Repeals Clinic Access Protections

The 'Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025' repeals the Freedom of Access to Clinic Entrances Act (FACE Act), a federal law that has, until now, protected individuals seeking reproductive health services from obstruction and intimidation. This repeal, effective immediately, applies to all current and future cases.

Clinic Access Unprotected?

Section 2 of the new Act wipes out Section 248 of title 18, United States Code—the core of the FACE Act. This means the federal government can no longer prosecute individuals for blocking access to clinics, using force, or threatening patients and providers. Before this repeal, such actions carried federal penalties. Now, enforcement will likely fall entirely to state and local authorities, which have varying laws and resources regarding clinic access.

Real-World Impact: From Patients to Providers

Imagine a nurse, Sarah, who works at a women's health clinic. Previously, if protesters blocked the entrance, federal law enforcement could intervene. Now, that protection is gone. Or consider a patient, Maria, who needs access to reproductive healthcare. If someone physically obstructs her or threatens her, her immediate recourse under federal law has vanished. The responsibility now falls on local police, who may or may not have the same level of responsiveness or specific training as federal agents previously did under FACE.

The Bigger Picture: Safety and Access

This repeal raises serious questions about the practical safety of both patients and healthcare providers. While proponents of the bill might frame this as restoring First Amendment rights, the immediate impact is the removal of a federal safety net. The change could lead to an increase in aggressive confrontations at clinic entrances, as the threat of federal prosecution is eliminated. This Act doesn’t just change the rules; it changes the on-the-ground reality for anyone accessing or providing reproductive healthcare services. The long-term effects will likely hinge on how individual states choose to address—or ignore—the gap left by the federal law’s removal.