Kimberly Bennett at 6:40 AM ET
Saturday, June 15, 2013
Supreme Court issues new regulation banning protests on marble plaza
Supreme Court issues new regulation banning protests on marble plaza
Kimberly Bennett at 6:40 AM ET
[JURIST] The US Supreme Court [official website] on Thursday issued a new regulation
[text, DOC] barring any demonstration within the Supreme Court building
or grounds, excluding the surrounding sidewalks, if the activity is
"reasonably likely to draw a crowd or onlookers." In order to "maintain
suitable order and decorum within the Supreme Court building and
grounds," the Court passed the new regulation in reaction to a US District Court for the District of Columbia [official website] ruling
[opinion, PDF] by Judge Beryl Howell that the statute banning public
displays was unconstitutional and void as applied to the Supreme Court
plaza. In striking down the statute [JURIST report], Howell called the legislation passed by Congress in 1949 "unreasonable" and "substantially overbroad."
The case was brought to the by Harold Hodge and the Rutherford Institute
[advocacy website] after Hodge was arrested in January 2011 for wearing
a sign protesting the treatment of minorities by law enforcement. The
Rutherford institute applauded Howell's decision, stating
[press release] that the decision "throws a lifeline to the First
Amendment at a time when government officials are doing their best to
censor, silence and restrict free speech activities." The former law
read: "It is unlawful to parade, stand, or move in processions or
assemblages in the Supreme Court Building or grounds, or to display in
the Building and grounds a flag, banner, or device designed or adapted
to bring into public notice a party, organization, or movement." The
Court itself previously ruled [opinion] on the constitutionality of the law governing protests or demonstrations at or near its building in a 1983 case, United States v. Grace.
The justices then nullified only the law's ban on displays on the
public sidewalks around the court building, refusing to strike down the
entire law as written. The former law allowed the court's police force
discretion to allow only two kinds of activity on its plaza: television
crew interviews on days the court had held hearings, and taking
photographs for commercial or professional purposes with the court's
permission.
Kimberly Bennett at 6:40 AM ET
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