From the summary at Law.com
When the Court agreed last April to consider the case of Scheidler v. National Organization for Women, Nos. 01-1118 and 01-1119, it specifically excluded from its review the question of whether using RICO and the Hobbs Act as tools against aggressive clinic protests violated protesters' free speech rights. But at oral arguments Wednesday, the First Amendment came up often as justices and lawyers wondered aloud whether protesters ranging from Carry Nation to Martin Luther King Jr. would be labeled extortionists under the ruling of the 7th U.S. Circuit Court of Appeals in the case. When Justice Anthony Kennedy said at one point that the case had "serious First Amendment implications," Solicitor General Theodore Olson reminded him that the First Amendment issue was not in the case anymore. "There's always a First Amendment implication in a protest case," Kennedy shot back. Justice Antonin Scalia also lectured Olson that the case could cause the Court to "sail too close to the wind" of First Amendment problems. Justice David Souter also said the Court "should be more concerned" with the free speech issue.