UNITED STATES v. GRACE

Legal Principle at Issue

Whether a federal statutewhich bans picketing and the distribution of leaflets on the public sidewalks surrounding the Supreme Courtviolates the 1st Amendment.

Action

Affirmed and reversed (or vacated) in part. Petitioning party did not receive a favorable disposition.

Facts/Syllabus

Title 40 U.S.C. § 13k prohibits the "display [of] any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement" in the U.S. Supreme Court building or on its grounds, which are defined to include the public sidewalks constituting the outer boundaries of the grounds. 

One appellee was threatened with arrest by Court police officers for violation of the statute when he distributed leaflets concerning various causes on the sidewalk in front of the Court. The other appellee was similarly threatened with arrest for displaying on the sidewalk a picket sign containing the text of the First Amendment. Appellees then filed suit in Federal District Court, seeking an injunction against enforcement of the flag display statute and a declaratory judgment that it was unconstitutional on its face. The District Court dismissed the complaint for failure to exhaust administrative remedies. The U.S. Court of Appeals for the District of Columbia Circuit, after determining that such dismissal was erroneous, struck down flag display statute on its face as an unconstitutional restriction on First Amendment rights in a public place.