Harvard law professor and author Alan Dershowitz told Newsmax Wednesday that protesting at the homes of U.S. Supreme Court justices is protected speech under the Constitution, despite a federal statute making it a crime.
"I argued that the statute is unconstitutional as it affects Supreme Court justices," Dershowitz said during "The Record With Greta Van Susteren" Wednesday. "Supreme Court justices are not insulated from being yelled at and screamed at or having a protest in front of their house, because they can't be influenced by this kind of thing."
Dershowitz said the law is designed more for lower court and trial judges, but not the nation's highest court.
Dershowitz was reacting to Sen. Ted Cruz, R-Texas, grilling Attorney General Merrick Garland about charging protesters in front of the justice's homes following the Dobbs decision last year that overturned 1973's Roe v. Wade decision allowing abortions nationwide.
Cruz cited a federal statute that makes it a felony to protest in order to influence a federal judge.
Dershowitz said that the protests were definitely an attempt to get the justices to change their minds about the Dobbs ruling and that should be allowed under the Constitution.
"There was an intention to influence and that's OK," he said. "That's what protests are. Protests are intent to influence."
Dershowitz said the law could be limited to the "times and manner" of the protests, like not allowing them late at night or conducted from a distance of the home; but they should not be outlawed totally.
"Don't you think that the kid who leaked the Supreme Court opinion overruling Roe versus Wade had an intent to influence? Of course, he did," Dershowitz said. "Probably that isn't a crime. Maybe it should be, but it isn't. That wouldn't be protected by the First Amendment, but I don't want to see protests for public figures limited."
Dershowitz said that even though he has been at odds with some of the recent positions taken by the American Civil Liberties Union, he feels the ACLU would agree with him on this particular topic.
"What you can't do is you can't say that people don't have the right to try to influence Supreme Court justices through protests in front of their homes. That, I think, goes too far," he said. "That's probably something where the ACLU and I would agree. We are farther apart than we've ever been before on many issues; but on this one, I think we would probably agree."
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