United States v. Grace (1983)

Facts: Title 40, Section 13k of the U.S. Code bans the "display [of] any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement" inside the Supreme Court building or on its grounds--including the public sidewalks around the building. Mary Grace, holding a sign with the wording of the First Amendment, and Thaddeus Zywicki, distributing leaflets, were ordered by Court police to move off the grounds. Grace challenged the law in federal court, and the U.S. District Court upheld the law. The U.S. Circuit Court of Appeals reversed, and the government appealed that reversal.

Issue: Does Title 40, Section 13k of the U.S. Code violate the First Amendment by prohibiting peaceful picketing in public places?

Court Held: Affirmed in part and reversed in part. At least seven justices agreed on the affirmation.

Reasoning: Justice Byron White wrote the majority opinion

• The portion of section 13k that prohibits expression on the sidewalks around the Court is unconstitutional. Sidewalks are traditionally ripe for pickets and they constitute a public forum. TPM regulations are permissible, though.
• The remainder of section 13k was upheld.

Significance: Narrowly drawn statutes to prevent disruption of justice do not violate the First Amendment.