Abraham J. Bonowitz, Douglas A. Pagitt, Lisa S. Harper, Suezann K. Bosler, Arthur J. Laffin, Randy Gardner, Derrick W. Jamison, Thomas W. Muther, Jr., Shane A. Claiborne, Sam R. Sheppard, and John M. Travers v. United States
FirstAmendment JusticiabilityDoctri
Is the open-air, public space surrounding the Supreme Court a traditional public forum?
QUESTIONS PRESENTED 1. Is the open-air, public space surrounding the Supreme Court a traditional public forum, despite a flawed, constitutionally suspect challenged law that criminalizes all assemblies and all displays in the area, such as the unfurling of a banner? 2. Is 40 U.S.C. § 6135 overbroad and does it lack a saving construction, when the plain text of the statute would even prohibit individuals from standing on the Supreme Court Plaza while wearing T-shirts emblazoned with group affiliations and would prohibit nearly any group, even litigants from congregating on the Plaza? i