Federal appeals court allows Supreme Court to ban protests on 'plaza'
[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] Friday that the elevated marble plaza in front of the US Supreme Court [official website] is a "nonpublic forum" where a statute restricting expressive conduct and political speech can be enforced. The plaintiff in the case argued that 40 USC § 6135 [text] is an unconstitutional restriction on speech, overbroad, and unconstitutionally vague. The court, however, ruled that the restrictions are reasonable based on the government's interest in keeping a tranquil environment near the courthouse and the appearance of a judicial branch that is not subject to outside political pressures. Regarding political speech, the court said:
He does not have an automatic entitlement to engage in that conduct wherever (and whenever) he would like. Rather, the Government, "no less than a private owner of property, has the power to preserve the property under its control for the use to which it is lawfully dedicated."The plaintiff, Harold Hodge was arrested in January 2011 as he held a two-by-three-foot sign that read "The U.S. Gov. Allows Police To Illegally Murder And Brutalize African Americans And Hispanic People." Hodge refused to leave after he received three warnings from a police officer and was charged with violating § 6135, In September 2011 his charges were dropped in exchange for agreeing to stay away from the court grounds for a period of six months. In January 2012 Hodge filed an action in federal court to be allowed back on the plaza to display the sign, hand out leaflets, chant and make speeches.
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