DOJ Plans to Use Abortion Clinic Law Against Synagogue Protesters

The Justice Department is expanding its use of federal civil rights law to address protests that disrupt religious worship, according to statements made by Assistant Attorney General Harmeet Dhillon. Speaking at an antisemitism conference at George Washington University, Dhillon highlighted how the department has applied the Freedom of Access to Clinic Entrances (FACE) Act to protect Jewish synagogues from disruptive protests.

“It was our pioneering application of the FACE Act to defend Jewish synagogues that paved the way for its use to defend churches,” said Dhillon, who leads the Justice Department’s Civil Rights Division. She explained that this approach establishes clear legal boundaries between constitutionally protected speech and unlawful conduct.

The FACE Act, originally created to protect access to abortion clinics, makes it a federal crime to use force, threats, or physical obstruction to interfere with individuals exercising their right to religious worship or reproductive healthcare. This legal framework allows federal authorities to step in when protests escalate beyond peaceful demonstration into obstruction, intimidation, or trespassing at places of worship.

Dhillon cited a groundbreaking civil lawsuit filed by the Justice Department against protesters who disrupted services at a synagogue in West Orange, New Jersey. This case represented the first time the department had applied the FACE Act in that specific context, creating a precedent for future enforcement actions.

The Civil Rights Division’s shift toward more aggressive enforcement comes in response to a documented rise in antisemitic incidents since the Hamas attacks on Israel in October 2023. These incidents have included harassment, vandalism, and disruptions of religious services across the country.

“Antisemitism is an American problem, not a Jewish problem,” Dhillon emphasized. “It strikes at the heart of who we are as a nation.”

The Justice Department’s strategy reflects a growing concern that allowing unlawful conduct targeting one religious group could ultimately erode civil rights protections for all communities. Dhillon stressed that the department’s approach aims to protect all faith communities, not just Jewish congregations.

Beyond the synagogue protest cases, Dhillon outlined several other Justice Department actions addressing antisemitism. These include significant settlement agreements with Columbia University and Northwestern University following federal investigations into allegedly discriminatory environments on campus. The department has also pursued civil litigation against an Oakland, California, coffeehouse accused of refusing service to visibly Jewish customers.

In more serious cases involving violence, the department has brought federal hate crime prosecutions for antisemitic attacks. Dhillon indicated that the department moves quickly to file criminal charges when evidence supports such action.

While reaffirming that lawful protests remain protected under the First Amendment, Dhillon drew a clear line regarding activities that fall outside constitutional protection. These include physically blocking access to religious services, trespassing on religious property, or defying legitimate law enforcement orders.

The Justice Department’s application of the FACE Act represents an evolution in how federal authorities address disruptions at places of worship. By using a statute originally associated with abortion clinic protests, the department has found a legal mechanism to address incidents that might otherwise fall into a gray area between protected speech and unlawful conduct.

“We are not just reacting,” Dhillon said of the department’s approach. “We are proactively defending the freedoms that make this nation exceptional.”

The department’s efforts come amid heightened tensions surrounding religious institutions across the country and reflect a broader federal commitment to protecting the right to worship free from intimidation or obstruction.