Massachusetts enacted a 35-foot buffer zone around abortion-clinic entrances and driveways, restricting approaches for leafleting, displaying signs, oral protest, education, or counseling. Eleanor McCullen and other sidewalk counselors challenged the law, explaining that their quiet, personal conversations with patients were central to their efforts to dissuade abortions. The district court rejected their remaining as-applied challenge, and the First Circuit affirmed. The Supreme Court held that the law was content neutral because its restrictions turned on where and how people approached others, not on what they said, and the employee exemption did not establish viewpoint discrimination on the record. But the statute violated the First Amendment because it burdened substantially more speech than necessary to advance public safety, patient access, and unobstructed use of sidewalks. Massachusetts had not seriously pursued less restrictive tools, including injunctions, prosecutions, and targeted enforcement against obstruction or intimidation. The Court reversed the First Circuit and remanded. Justice Scalia, joined by Justices Kennedy and Thomas, and Justice Alito concurred in the judgment but would have treated the statute as content based or viewpoint discriminatory, while agreeing that it was unconstitutional.