albertini argued april decided june title makes unlawful reenter military base ordered reenter officer command charge thereof respondent received commanding officer hickam air force base hawaii letter bar letter forbidding reenter base without written permission commanding officer designate letter issued respondent companion entered base destroyed government property respondent friends entered hickam base annual open house armed forces day respondent companions engaged peaceful demonstration criticizing nuclear arms race respondent took photographs displays open house disrupt activities commanding officer directed chief security police individuals cease demonstration informed believed one individuals involved barred hickam respondent companions escorted base respondent subsequently convicted federal district violating appeals reversed holding respondent first amendment right enter hickam open house base transformed temporary public forum held section applies respondent conduct viewed light ordinary meaning statutory language respondent violated reentered hickam moreover legislative history purpose protecting government property relation national defense support statute application respondent merit respondent contentions allow indefinite exclusion military base instead applies reentry occurs within reasonable period time person ejection apply military base open general public purposes attending open house reentry unlawful person knows conduct violates extant order return whereas respondent subjectively believe attendance open house contrary valid order barring reentry assertion respondent lacked notice reentry prohibited implausible since bar letter indicate applied public access hickam restricted uncertainty regard might eliminated sought accord bar letter permission reenter commanding officer pp appeals erred holding first amendment bars respondent conviction violating reentry open house flower distinguished military base generally public forum hickam become public forum merely base used communicate ideas information open house moreover regardless whether hickam constituted public forum day open house respondent exclusion violate first amendment fact respondent previously received valid bar letter distinguished general public provided reasonable ground excluding base general exclusion recipients bar letters military open houses violate first amendment asserted ground exclusion greater essential furtherance government interests security military installations exclusion holders bar letters circumstances promotes important government interest assuring security military installations nothing first amendment requires military commanders wait persons subject valid bar order entered military base see conduct properly open house pp since appeals address whether facts case application bar letter respondent patently arbitrary violate due process decide issue delivered opinion burger white blackmun powell rehnquist joined stevens filed dissenting opinion brennan marshall joined post david strauss argued cause briefs solicitor general lee assistant attorney general trott deputy solicitor general wallace john de pue major robert lee charles sims argued cause respondent brief burt neuborne william harrison yvonne chotzen justice delivered opinion question presented whether respondent may convicted violating makes unlawful reenter military base barred commanding officer respondent attended open house military base nine years commanding officer ordered reenter without written permission appeals ninth circuit held respondent convicted violating first amendment right enter military base open house granted certiorari reverse events underlying case date respondent companion entered hickam air force base hickam hawaii ostensibly present letter commanding officer instead obtained access secret air force documents destroyed documents pouring animal blood acts respondent convicted conspiracy injure government property violation respondent also received bar letter commander hickam informing forbidden reenter confines installation without written permission commander officer designated issue permit reentry app cf greer spock bar letter directed respondent quoted statute provides whoever within jurisdiction goes upon military naval coast guard reservation post fort arsenal yard station installation purpose prohibited law lawful regulation whoever reenters found within reservation post fort arsenal yard station installation removed therefrom ordered reenter officer command charge thereof shall fined imprisoned six months respondent entered hickam may base annual open house armed forces day day members public ordinarily enter hickam permission allowed enter portions base view displays aircraft military equipment enjoy entertainment provided military nonmilitary performers press releases issued base declared hile hickam normally closed base gates open public annual armed forces day open house radio announcements similarly proclaimed public invited free four friends respondent attended open house order engage peaceful demonstration criticizing nuclear arms race companions gathered front bomber display unfurled banner reading carnival death passed leaflets respondent took photographs displays disrupt activities open house commander hickam summoned major jones chief security police base told individuals cease demonstration respondent approached military police commander informed major jones believed one individuals involved demonstration barred hickam respondent companions apprehended escorted base information filed july charged respondent violating may unlawfully knowingly reentered hickam air force base previously ordered reenter officer command respondent convicted bench trial sentenced three months imprisonment appeal respondent challenged conviction three grounds first argued written permission reenter based advertisements inviting public attend open house second respondent contended bar letter ineffective violated due process finally argued presence hickam open house protected first amendment appeals rejected respondent first argument found unnecessary consider due process arguments conviction must reversed appeals held hickam transformed temporary public forum open house military exclude respondent forum ii order granting certiorari asked parties address additional question hether respondent attendance open house hickam air force base may kind reentry congress intended prohibit although issue raised parties passed upon appeals address ascertain whether construction statute fairly possible constitutional question may avoided grace quoting crowell benson courts applying criminal laws generally must follow plain unambiguous meaning statutory language garcia turkette nly extraordinary showing contrary intentions legislative history justify departure language garcia supra proposition altered simply application statute challenged constitutional grounds statutes construed avoid constitutional questions interpretative canon license judiciary rewrite language enacted legislature heckler mathews conclusion purporting exercise judicial restraint trench upon legislative powers vested congress art constitution locke proper respect powers implies tatutory construction must begin language employed congress assumption ordinary meaning language accurately expresses legislative purpose park fly dollar park fly turning statute involved conclude applies respondent conduct relevant portion statute makes unlawful person reenter military base ordered commanding officer unless statutory language emptied ordinary meaning respondent violated terms reentered hickam contrary bar letter respondent however argues apply attendance open house three reasons first contends allow indefinite exclusion military base instead applies person reentered within reasonable period time ejected brief respondent second respondent maintains congress intend apply military base opened general public purposes attending open house respondent finally argues reentry unlawful person knows conduct violates extant order return none arguments persuasive legislative history although sparse fully supports application statute respondent statute enacted virtually present form part general revision codification federal penal laws act mar ch stat war department department justice supported statute extension existing prohibitions sabotage congressional reports explained designed punish persons ejected fort reservation return purpose obtaining information respecting strength fort purpose inducing men visit saloons dives similar places persons may go upon forts reservations repeatedly purposes law punish pt pt find merit reasons respondent offers concluding violate first nothing statute history supports assertion applies reentry occurs within reasonable period time respondent argues prosecutions violating second paragraph involved reentry within year issuance bar order asserts recent bar letters hickam limited period agree prosecution impermissible based invalid bar order even assuming accuracy respondent description prosecutorial military policy believe justifies engrafting onto judicially defined time limit although due process military regulations might limit effective lifetime bar order terms limit period commanding officer may exclude civilian military installation section conclude applies open house course congress likely gave little thought open houses military bases pertinent question however whether applies base open general public language statute limit military bases access restricted moreover legislative intent punish panderers others repeatedly enter military facilities suggests congress concerned bases extent open nonmilitary personnel finally limiting prohibition reentry closed military bases make second paragraph almost superfluous first paragraph statute already makes unlawful person go upon military installation purpose prohibited law lawful regulation cf heckler chaney noting principle statute read give effect clauses final statutory argument advanced respondent violate subjectively believe attendance open house contrary valid order barring reentry argument misperceives knowledge required violation statute cf parrilla bonilla specific intent violate particular regulation required violation first paragraph second paragraph contain word knowingly otherwise refer defendant state mind requirement government prove improper motive intent holdridge respondent dispute received bar letter deliberately knowingly reentered base letter applied nothing language previous judicial decisions supports rather remarkable proposition merely respondent thought bar order longer effective thereby immunized prosecution cf international minerals chemical also reject suggestion made dissenting opinion apply circumstances reasonably indicate respondent reentry open house prohibited post assertion respondent lacked notice entry prohibited implausible bar letter way indicated applied public access hickam restricted uncertainty respondent regard might eliminated sought accord bar letter permission reenter base commander contention respondent ever asked bar letter rescinded otherwise requested permission reenter base moreover dissenting opinion exaggerates implications holding occasion decide circumstances applied anyone base commander validly ordered person reenter military base decide suggest statute apply person unknowingly unwillingly reenters military installation finally note respondent disputed entered portion hickam military reservation army post fort arsenal within meaning iii appeals held first amendment bars respondent conviction violating military base acknowledged ordinarily public forum first amendment purposes even open public see greer spock nonetheless relied flower per curiam conclude portions hickam constituted least temporary public forum military opened areas public purposes related expression found public first amendment right hold signs distribute leaflets hickam armed forces day appeals considered whether military rely bar letter exclude respondent base relying flower held military lacks power exclude persons military base become public forum holding applied open house appeals misapprehended significance flower later observed greer decision flower must viewed application established first amendment doctrine concerning expressive activity takes place municipality open streets sidewalks parks flower adopt novel first amendment principles relating military bases instead concluded area question appropriately considered public street generalized constitutional right make political speeches distribute leaflets military bases even generally open public greer clarified significance per curiam opinion flower limited unusual facts underlying earlier decision flower summarily reversed conviction civilian entered military reservation receiving bar letter time arrest civilian quietly distributing leaflets new braunfels avenue point within limits fort sam houston san antonio texas sentry posted anywhere along street open unrestricted civilian traffic hours day determined new braunfels avenue public thoroughfare different streets city military abandoned right exclude civilian traffic avenue also right exclude leafleteers greer spock supra defendant flower received bar letter participated attempt distribute unauthorized publications open military base flower activity flower held protected first amendment flower plausibly read hold regardless events leading issuance bar letter person may subsequently excluded military facility temporarily open public instead flower establishes portion military base constitutes public forum military abandoned right exclude civilian traffic claim special interest regulating expression see greer spock supra person may excluded area basis activity protected first amendment properly construed flower simply inapplicable case suggestion respondent acts vandalism resulted issuance bar letter activities protected first amendment observation made appeals enforcement bar letter precipitated respondent peaceful expressive activity misses point respondent prosecuted demonstrating open house reentering base ordered respondent argues hickam temporarily transformed public forum exercise standardless discretion base commander exclude base violates first amendment cf shuttlesworth birmingham conclusion appeals hickam ever public forum dubious military bases generally public fora greer expressly rejected suggestion whenever members public permitted freely visit place owned operated government place becomes public forum purposes first amendment see also grace hickam become public forum merely base used communicate ideas information open house postal service greenburgh civic district make express findings nature public access hickam open house record suggest military completely abandoned control base became indistinguishable public street flower whether hickam constituted public forum day open house exclusion respondent violate first amendment respondent concedes commander hickam exclude closed base contends power extinguished public invited enter armed forces day agree historically unquestioned power commanding officer exclude civilians area command cafeteria workers mcelroy analyzed manner government regulation traditional public forum simply open house held hickam see greer spock fact speakers previously allowed base leave authorities powerless thereafter prevent civilian entering speak subject whatever fact respondent previously received valid bar letter distinguished general public provided reasonable grounds excluding base justification become less weighty persons allowed enter indeed given large number people present open house need preserve security excluding previously received bar letters become even important military may unable monitor closely comes goes bar letter issued valid grounds person may claim immunity prohibition entry merely military temporarily opened military facility public section serves significant government interest barring entry military base persons whose previous conduct demonstrates threat security application facially neutral regulation incidentally burdens speech satisfies first amendment furthers important substantial governmental interest governmental interest unrelated suppression free expression incidental restriction alleged first amendment freedoms greater essential furtherance interest respondent argues even applies general exclusion recipients bar letters military open houses fails first amendment greater essential furtherance government interests security military installations respondent maintains enforcing bar letters essential security reported cases concerning involved vandalism misconduct open houses moreover respondent asserts persons holding bar letters allowed attend open houses bases hickam finally respondent contends government interests adequately served security measures taken open house statutes punish misconduct occurring events cf noting sensitive areas hickam cordoned protected guards respondent arguments regard misapprehend third element standard acknowledge barring respondent hickam essential absolute sense security military base military presumably provided military police chaperone open house observation however provides answer wrong question focusing whether conceivable alternatives enforcing bar letter case first amendment bar application neutral regulation incidentally burdens speech merely party contends allowing exception particular case threaten important government interests see clark community creative validity regulation need judged solely reference demonstration hand regulations burden speech incidentally control time place manner expression see must evaluated terms general effect regulations invalid simply imaginable alternative might less burdensome speech instead incidental burden speech greater essential therefore permissible long neutral regulation promotes substantial government interest achieved less effectively absent regulation cf parks exposed harm without sleeping prohibition ban safe invalidation first amendment validity regulations turn judge agreement responsible decisionmaker concerning appropriate method promoting significant government interests persuaded exclusion holders bar letters military open houses promote important government interest assuring security military installations nothing first amendment requires military commanders wait persons subject valid bar order entered military base see conduct properly open house cf perry ed assn perry local educators community creative observed assign judiciary authority replace park service manager nation parks endow judiciary competence judge much protection park lands wise level conservation attained omitted even less disposed conclude assigns judiciary authority manage military facilities throughout nation final first amendment challenge conviction respondent asserts government apprehended prosecuted opposed demonstration nuclear war argument lacks evidentiary support demonstration attract attention military officials respondent companions base commander ordered military police stop displaying banner distributing leaflets nonetheless major jones testified respondent approached apprehended identified possible holder bar letter app trial judge found testimony accurate tr see reason disturb finding appeal inasmuch respondent contends prosecution impermissibly motivated raise record support claim selectively prosecuted engaging activities protected first amendment cf wayte iv district appeals respondent argued prosecution based bar letter violated due process respondent made similar arguments brief respondent although commanding officer broad discretion exclude civilians military base power exercised manner patently arbitrary discriminatory cafeteria workers mcelroy respondent however shown bar letter inconsistent statutory regulatory limits power military officials exclude civilians military bases think inherently unreasonable commanding officer issue bar order indefinite duration requiring civilian obtain written permission reentering military base appeals address whether facts case application bar letter respondent patently arbitrary violate due process therefore decide issue reasons stated judgment appeals reversed case remanded proceedings consistent opinion ordered congress enacted new statute making federal crime trespass military bases specified circumstances statute codified provided whoever shall go upon military reservation army post fort arsenal purpose prohibited law military regulation made pursuance law whoever shall reenter found within reservation post fort arsenal removed therefrom ordered reenter officer person command charge thereof shall fined five hundred dollars imprisoned six months stat case respondent removed trespasser hickam air force base march ordered reenter removal order return apparently result respondent destruction government property valued demonstration war vietnam nine years later respondent found within reservation among civilians accepted widely advertised invitation public attend annual armed forces day open house hosted hickam air force base may news release issued base stated hickam hosts joint service open house hickam air force base hawaii april annual armed forces day open house held saturday may theme year armed forces strong ready top local country western military entertainment provided royal hawaiian band aloha airlines troupe rowdy band dave west chaingang chris cassidy rainbow connection skylarks fleet marine force pacific band perform open house aircraft army navy air force marine corps coast guard hawaii army air national guard civil air patrol wheeler aero club display throughout day parachute jumps navy marine corps marine troops rappelling helicopters aircraft flyovers hawaii air national guard air force navy also scheduled additionally demonstration hickam fire department helicopter rescue demonstration coast guard several police dog demonstrations hickam security police conducted day also open day annual air force hawaii youth festival carnival rides games midway packed food drinks main attractions air force nominees representing various commands hickam complete crown youth festival queen crowning ceremony take place friday evening hickam normally closed base open public armed forces day open house app opinion respondent visit open house case response general invitation public extended nine years removed base ordered reenter involve kind reentry congress intended prohibit enacted statute reaching contrary conclusion relies heavily ordinary meaning statutory language fact respondent committed misdemeanor base fact respondent removal evidenced bar letter plain language argument proves much evidentiary arguments prove little cafeteria workers mcelroy recognized historically unquestioned power commanding officer summarily exclude civilians area command exercising power base commander limited constitution standard administrative requirement must act arbitrary capricious manner action must reasonable relation responsibility protect preserve order installation safeguard persons property thereon even limitations civilians may removed military bases wide variety reasons reconnoitering military fortifications troop movements carrying concealed weapon controlled substance destroying government property creating disturbance violating traffic regulation attempting induce soldier visit saloon engage immoral act wandering area training exercise progress perhaps even chewing gum wrong place see supra congress enacted supplement military power exclude unwelcome civilians military installations senate house committee reports bill explain reasons enacting designed punish persons ejected fort reservation return purpose obtaining information respecting strength fort purpose inducing men visit saloons dives similar places persons may go upon forts reservations repeatedly purposes law punish power initiate criminal proceedings narrower base commander broad power exclude civilians facility terms first clause statute applies persons seek entry military installation purpose committing unlawful acts second applies person reenters facility physical removal order reenter limited criminal liability provided congress evinces design protect innocent inadvertent entries onto military lands becoming criminal trespass two clauses originally enacted single sentence read together plausible construction becomes apparent statute aimed trespassers civilians military power exclude punish first clause authorized punishment trespasser proved entered purpose prohibited law lawful military regulation second clause made unnecessary prove unlawful purpose trespasser reenter removed many circumstances course second trespass defiance removal order reenter may safely presumed motivated unlawful purpose especially reentry closely follows exclusion base circumstances similar circumstances reasonably indicate individual visit base permitted even welcome reentry defiance authority statute presumes base authorities course ample power exclude individuals criminal prosecution person entering circumstances fundamentally inconsistent congress intent excuse innocent inadvertent intrusions onto military reservations rule construction requires attribute congress intent odds design results patently absurd consequences brown fact keeping tradition general injunction ambiguity concerning ambit criminal statutes resolved favor lenity rewis number occasions read component offense even statutory definition terms provide gypsum ii adopting starkly literal interpretation second clause concludes congress intended impose strict liability every time individual found within military reservation removed therefrom ordered reenter construction circumstances neither removal reentry relevant criminal offense emphasizing absence reference defendant state mind second clause rejects considers remarkable proposition civilian removed base ordered reenter may ever reasonably believe safely return base ante literal approach question statutory construction applied frozen logic purports espouse expands coverage act far beyond anything congress actually intended many situations circumstances removal order reenter simply suggest reasonable citizen later reentry barred interpretation statute person removed hickam intoxicated guilty federal offense returns attend open house nine years later even worse inconceivable curfew hour many persons may yet departed hickam open house base commander someone acting authority terminated party address loudspeaker system ended unambiguous order depart within next minutes hundreds perhaps thousands civilians removed therefrom within literal meaning statutory language interpreted literally every one civilians act peril accepted invitation open house following year moreover highways public easements often bisect military reservations cf flower respondent informed us substantial portion main runway honolulu international airport lies inside boundaries hickam air force base brief respondent individual removed hickam liable whenever thereafter found within boundaries risks criminal punishment every time departs airline flight may use runway traversing base use military lands limited public purposes set aside involve bold defiance authority foreseen structure statute reflected legislative history surely congress intend impose criminal liability use civilian airport even persons previously removed military base administrative action ordered reenter prefers rely due process clause limit oppressive absurd consequences literal construction seems wiser presume legislature intended exceptions language avoid results character reason law cases prevail letter kirby wall point common sense must temper excesses statutory literalism iii repeatedly emphasizes respondent received bar letter ordering reenter base statute however contains requirement removal trespasser documented way order reenter writing congress concerned trespassers refused obey verbal orders depart see supra practice issuing written orders reenter apparently arose enactment statute order serve evidentiary function bar letter evidence fact recipient removed base ordered reenter issued prosecution subsequent reentry contemplated nothing statute gives letter greater legal effect sentry ejectment peddler panderer matter administration practice issuing bar letters surely commendable judgment expand coverage statute slightest also seems attach significance fact bar letter delivered respondent precipitated unlawful act agree course congress intended statute apply reentry following invalid order removal even literal wording act draws distinction verbal order depart simply curfew hour reached legal effect order depart crime committed either event reentry violate case evidentiary significance removal order reenter significantly attenuated passage nearly decade date event every area laws recognizes point even wrongdoers entitled assume sins may forgotten wilson garcia limiting effect orders reenter period one two years app recent military practice recognized character individual may change dramatically time cf fed rule evid indeed case reported prosecution relied removal order reenter greater vintage bar letter might provide basis excluding recipient base appropriate circumstances however provide persuasive evidence reasonable person believe proscriptive effect continued perpetuity effect public invitation attend open house base especially original order issued relatively minor transgression completely unrelated circumstances later intrusion refrain opinion concerning bar letters respondent may received military bases hawaii baffling considering holding reasonableness later intrusion irrelevant reliance bar letters especially puzzling since contained record may well invalid case fact respondent opposition military preparedness may caused base commanders deliver bar letters quite irrelevant question whether circumstances reasonably indicated attendance hickam open house prohibited unrelated incidents might supported removal respondent hickam sought enter perhaps issuance fresh order barring reentry seems regard effective lifetime bar order critical issue concedes constitution military regulation may constrain commanding officer power exclude civilian military installation correctly observes place limit power ante overlooks distinction commander power exclude broad indeed sovereign power punish may extend one inch beyond authority conferred congress opinion congress authorize prosecution civilian accepted military base commander invitation attend open house base simply civilian removed therefrom ordered reenter nine years earlier respectfully dissent footnotes removed trespasser hickam air force base military reservation ordered reenter confines installation without written permission commander officer designated issue permit reentry app bench trial prosecution offered prove respondent offense following colloquy occurred well really make difference arrested convicted issued bar letter right mr starling yes issued bar letter chewing gum wrong place mr starling honor perceive record going clear exactly got bar letter go ahead starling okay hat outcome case involving know starling incident march shishido fbi special agent following incident march starling yes witness well james albertini along two others brought trial federal district convicted trecker defendant honor object grounds witness obviously testifying hearsay point take judicial notice fact tried case convicted misdemeanors witness yes yes value hundred dollars app air force reg see also dept defense directive july cafeteria workers mcelroy record greer spock indicated bar orders issued offenses possession marijuana narcotics assault possession stolen property solicitation prostitution carrying concealed weapons traffic offenses contributing delinquency minor impersonating female fraud unauthorized use id card spock david purpose section outlined house debates bill williams object law keep spies keep people want draw maps forts arsenals want find sort powder compounding object protect military secrets government whose possession might harm mr moon object section clearly expressed williams urged war department purposes enumerated protect soldiers people coming onto reservation taking dives illicit places surrounding encampments said frequent occurrence people come carriages conveyances time time lure soldiers away ordered away law punish reentering constantly returning therefore constantly defied authority reappearing upon reservation cong rec comment following model penal code section defining criminal trespass suggests design familiar one common thread running statutes defining criminal trespass element unwanted intrusion usually coupled sort notice intruders may enter american law institute model penal code comment code requires criminal trespasser know licensed privileged enter property also provides affirmative defense intruder reasonably believed owner premises licensed enter remain response dissent added new paragraph disclaiming suggestion statute applied literally anyone base commander issued order reenter person unknowingly unwillingly reenters military installation ante thus disclaimed stark implications literal interpretation statute appears rely instead finding fact respondent must known reentry prohibited wonder make finding instead accepting invitation open house respondent accepted invitation enlist air force paragraph air force reg provides removal violators unauthorized entry occurs violators may apprehended ordered leave escorted installation personnel carefully selected duties complete proper identification visitors including taking photographs must accomplished violators reenter installation removed ordered officer person command charge reenter may prosecuted prosecution subsequent reentry contemplated order reenter writing attachment easily susceptible proof commanders cautioned civil law enforcement authorities power arrest prosecute unauthorized entry government property flower reentry months order barring reentry quilty months may defendants day defendant months cert denied sub nom phipps douglass days bar letter day verbal order reenter government canal zone brooks conviction affirmed months order issued jelinski reentry months order weissman days holdridge blackmun day cf gourley order reenter held invalid issued expressive activity football game held stadium air force academy grounds part spectators actively encouraged attend games large numbers restrictions whatever gates oral argument government conceded bar order invalid issued response activity protected first amendment tr oral arg order involved flower example order see also supra removal occurred respondent removed open house new bar order ever delivered app relevant air force regulation supra however carefully distinguish power exclude power prosecute