Kinane v. United States
12 A.3d 23
D.C.2011Background
- Thirty-four protestors were convicted after a two-day bench trial of one count under 40 U.S.C. § 6135 for demonstrating on the Supreme Court plaza or building.
- Appellants challenged the constitutionality of the display clause and argued they did not receive proper notice they could demonstrate on the sidewalk.
- Court previously resolved related issues in favor of the government, including Lawler v. United States, and affirmed convictions.
- Demonstrations occurred January 11, 2008: outside demonstrators moved onto the plaza, knelt, wore orange jump suits or carried banners, and were warned and arrested.
- Inside demonstrators gathered in the Supreme Court building, knelt with interlocked arms, were warned, and arrested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the display clause unconstitutional on First Amendment grounds? | Display clause restricts expression. | Clause is a reasonable restriction to preserve decorum. | No plain error; clause is constitutional. |
| Was notice sufficient that sidewalk demonstrations were permitted? | Appellants were not informed they could demonstrate on the sidewalk. | Not unduly vague; warnings sufficed. | Not meritorious; adequate notice. |
| Does the word 'and' render the display clause conjunctive requiring display in both locations? | Display must occur both in building and on grounds. | Display in either location suffices. | No plain error; display in either locale prohibited. |
Key Cases Cited
- Grace v. United States, 461 U.S. 171 (1983) (display restriction to preserve court appearance; unrelated to private discourse)
- Potts v. United States, 919 A.2d 1127 (D.C.2007) (signs/leaves may violate display clause; purpose to sway opinions)
- Bonowitz v. United States, 741 A.2d 18 (D.C.1999) (display restrictions upheld in DC court context)
- Ward v. Rock Against Racism, 491 U.S. 781 (1989) (reiterates balancing government interests in regulatory measures)
- Grace v. United States, 461 U.S. 171 (1983) (statutory restrictions on appearance of government institutions)
- US v. Wall, 521 A.2d 1140 (D.C.1987) (DC appellate discussion of display/assemblage distinctions)