Hodge v. Talkin

The Supreme Court Plaza was a large marble area adjoining the United States Supreme Court building. The plaza was elevated from the adjacent concrete public sidewalk by a set of marble stairs, and it was surrounded by the same style of low marble wall that encircled the entire property. The plaza was designed as an extension of the building that served to draw people into the Court’s front doors. A federal statute contained two clauses that governed people’s conduct on Supreme Court grounds. The assemblages clause prohibited parading, standing, or moving in processions or assemblages on Court grounds, including the plaza. The display clause prohibited the display of flags, banners, or devices designed to bring into notice a party, organization, or movement. Harold Hodge, Jr. (plaintiff) wanted to picket, leaflet, and make speeches on the Supreme Court Plaza to protest the Court’s decisions concerning police officers’ treatment of minorities. Therefore, Hodge sued the Supreme Court marshal and the United States attorney for the District of Columbia (collectively, the government) (defendants), challenging the constitutionality of the statute on the grounds that it violated his First Amendment rights. The district court held the statute unconstitutional as it applied to the plaza, and the government appealed to the United States Court of Appeals for the District of Columbia, arguing that the statute was reasonable in light of the government’s interests in preserving decorum and maintaining the Court’s image of impartiality.