boos barry argued november decided march district columbia code makes unlawful within feet foreign embassy either display sign tends bring foreign government public odium public disrepute display clause congregate refuse obey police dispersal order congregation clause petitioners wish engage conduct violate clauses filed suit federal district respondent city officials asserting facial first amendment challenge granted respondents motion summary judgment appeals affirmed concluding clauses constitutional held judgment affirmed part reversed part app affirmed part reversed part justice delivered opinion respect parts iii iv concluding section display clause facially violative first amendment since restriction political speech public forum narrowly tailored serve compelling state interest assuming without deciding protecting dignity foreign diplomats shielding criticism governments compelling interest first amendment purposes ready availability significantly less restrictive alternative prohibits intimidating coercing harassing foreign officials obstructing performance duties amply demonstrates display clause sufficiently narrowly tailored withstand exacting scrutiny respondents defense clause undercut omnibus diplomatic security act congress requested district columbia review revise interest protecting first amendment rights district responded repealing section contingent prior extension district may rely judgment congress body primarily responsible implementing international law obligations adequately satisfies government interest protecting diplomatic personnel accordingly display clause narrowly tailored pp section congregation clause construed appeals facially violative first amendment clause overbroad even though actual language problematic applies congregation reason within feet embassy appears place limits police dispersal authority difficulties alleviated appeals narrowing construction clause permits dispersal congregations directed embassy police reasonably believe embassy security peace threatened thus clause reach substantial amount constitutionally protected conduct since merely regulates place manner certain demonstrations site specific areas within feet embassies prohibit peaceful congregations clause narrowed impermissibly vague simply appeals defined limited word peace given particular context clause crafted apparent prohibited quantum disturbance determined whether normal embassy activities disrupted pp contention since excludes labor picketing general prohibitions clauses require unequal treatment nonlabor labor activities violation equal protection clause without merit section primary function ensuring display clause prohibit labor picketing largely conclusion clause violates first amendment moreover appeals construction congregation clause applying congregations threaten embassy security peace peaceful congregation including peaceful labor congregation permitted adopt unreasonable interpretation sole purpose protect violent labor congregations thus violate equal protection pp justice joined justice stevens justice scalia concluded part display clause since whether prohibits picketing front particular embassy depends entirely upon whether picket signs critical foreign government argument clause content neutral select particular viewpoints determines sign permissible message solely basis foreign government policies without merit since even regulation violates first amendment prohibits entire category speech signs critical foreign governments also rejected contention since clause real concern suppression speech rather secondary effect implementing international law obligation shield diplomats speech offends dignity clause content neutral renton playtime theatres used renton phrase secondary effects refers secondary features happen associated particular type speech nothing content whereas asserted justification display clause focuses content picket signs primary direct emotive impact audience pp justice brennan joined justice marshall agreeing even renton analysis display clause constitutes restriction secondary effects include listeners reactions speech concluded nature restriction speech turn whether restriction aims secondary effects rate renton analysis limited context businesses purveying sexually explicit materials applied political speech renton analysis creates extensive dangers uncertainty denies speakers equal right speak listeners right undistorted debate traditional rule continue apply whereby restriction speech application turns speech content regardless underlying motivation pp raymond battocchi argued cause petitioners briefs isaac groner walter fleischer alfred belcuore james bensfield edward schwab argued cause respondents brief charles reischel michael arif filed brief respondent father david finzer edwin kneedler argued cause amicus curiae urging affirmance brief solicitor general fried assistant attorney general willard deputy solicitor general wallace anthony steinmeyer barbara biddle briefs amici curiae urging reversal filed american civil liberties union et al arthur spitzer john powell elizabeth symonds american jewish congress joel levy marc stern lois waldman amy adelson legal affairs council et al wyatt durrette washington legal foundation et al daniel popeo paul kamenar seth waxman filed brief geraldine lipkin et al amici curiae urging affirmance justice delivered opinion except part question presented case whether provision district columbia code violates first amendment section prohibits display sign within feet foreign embassy sign tends bring foreign government public odium public disrepute also prohibits congregation three persons within feet foreign embassy petitioners three individuals wish carry signs critical governments soviet union nicaragua public sidewalks within feet embassies governments washington petitioners bridget brooker michael boos example wish display signs stating release sakharov solidarity front soviet embassy petitioner michael waller wishes display sign reading stop killing within feet nicaraguan embassy petitioners also wish congregate two persons within feet official foreign buildings asserting code prohibited engaging expressive activities petitioners together respondent father david finzer brought facial first amendment challenge provision district district columbia named respondents mayor certain law enforcement officials district columbia defendants intervened amicus curiae supporting constitutionality statute congress enacted res ch stat pursuant authority article cl constitution define punish offenses law nations section reads pertinent part follows shall unlawful display flag banner placard device designed adapted intimidate coerce bring public odium foreign government party organization officer officers thereof bring public disrepute political social economic acts views purposes foreign government party organization within feet building premises within district columbia used occupied foreign government representative representatives embassy legation consulate official purposes congregate within feet building premises refuse disperse ordered police authorities said district district granted respondents motion summary judgment relying upon earlier appeals decision frend app cert denied sustained statute similar first amendment challenge divided panel appeals district columbia affirmed finzer barry app although found frend persuasive precedent appeals thought frend binding decided almost half century ago interval developed constitutional law ways must taken account app appeals considered two aspects separately first concluded display clause restriction speech relying however upon decisions perry education assn perry local educators carey brown nonetheless found constitutional justified compelling governmental interest narrowly drawn serve interest second appeals concluded congregation clause construed authorize order disperse police reasonably believe threat security peace embassy present construed congregation clause survived first amendment scrutiny app granted certiorari reverse appeals conclusion display clause affirm congregation clause ii analysis display clause must begin several important features provision first display clause operates core first amendment prohibiting petitioners engaging classically political speech recognized first amendment reflects profound national commitment principle debate public issues uninhibited robust new york times sullivan consistently commented central importance protecting speech public issues see connick myers naacp claiborne hardware carey brown supra led us scrutinize carefully restrictions public issue picketing see grace carey brown supra police department chicago mosley second display clause bars speech public streets sidewalks traditional public fora time mind used purposes assembly communicating thoughts citizens discussing public questions hague cio roberts places occupy special position terms first amendment protection grace government ability restrict expressive activity limited third content based whether individuals may picket front foreign embassy depends entirely upon whether picket signs critical foreign government one category speech completely prohibited within feet embassies categories speech however favorable speech foreign government speech concerning labor dispute foreign government permitted see code majority dissent appeals accepted common sense reading statute concluded display clause content based majority indicated however argued regulation content based app respondents made argument contend statute content based government selecting viewpoints permissible message picket sign determined solely policies foreign government reject contention although agree provision viewpoint based display clause determines viewpoint acceptable neutral fashion looking policies foreign governments prevents display clause directly viewpoint based label potential first amendment ramifications see city council los angeles taxpayers vincent schacht render statute content neutral rather held regulation favor either side political controversy nonetheless impermissible first amendment hostility regulation extends prohibition public discussion entire topic consolidated edison public service government determined entire category speech signs displays critical foreign governments permitted recently considered definition statute renton playtime theatres drawing prior decisions described speech restrictions justified without reference content regulated speech virginia pharmacy board virginia citizens consumer council emphasis added regulation issue renton described prohibited speech reference type movie theater involved treating theaters specialize adult films differently kinds theaters regulation renton applied particular category speech justification nothing speech content films shown inside theaters irrelevant target regulation instead ordinance aimed secondary effects theaters surrounding community ibid emphasis original effects almost unique theaters featuring sexually explicit films prevention crime maintenance property values protection residential neighborhoods short ordinance renton aim suppression free expression respondents attempt bring display clause within renton arguing real concern secondary effect namely international law obligation shield diplomats speech offends dignity think misreads renton spoke decision secondary effects speech referring regulations apply particular category speech regulatory targets happen associated type speech long justifications regulation nothing content desire suppress crime nothing actual films shown inside adult movie theaters concluded regulation properly analyzed content neutral regulations focus direct impact speech audience present different situation listeners reactions speech type secondary effects referred renton take example factually close renton ordinance justified city desire prevent psychological damage felt associated viewing adult movies analysis measure statute appropriate hypothetical regulation targets direct impact particular category speech secondary feature happens associated type speech applying principles case hand leads readily conclusion display clause clause justified reference content speech respondents point secondary effects picket signs front embassies point congestion interference ingress egress visual clutter need protect security embassies rather rely need protect dignity foreign diplomatic personnel shielding speech critical governments justification focuses content speech direct impact speech listeners emotive impact speech audience secondary effect display clause regulates speech due potential primary impact conclude must considered cases indicate restriction political speech public forum must subjected exacting scrutiny thus required state show regulation necessary serve compelling state interest narrowly drawn achieve end perry education assn perry local educators accord board airport los angeles jews jesus cornelius naacp legal defense educational fund grace first consider whether display clause serves compelling governmental interest protecting dignity foreign diplomatic personnel since dignity foreign officials affronted signs critical governments governmental policies told foreign diplomats must shielded insults order fulfill country obligations international law general matter indicated public debate citizens must tolerate insulting even outrageous speech order provide adequate breathing space freedoms protected first amendment hustler magazine falwell ante see also new york times sullivan dignity standard like outrageousness standard rejected hustler inherently subjective inconsistent longstanding refusal punish speech speech question may adverse emotional impact audience hustler magazine supra persuaded differences foreign officials american citizens require us deviate principles dignity interest said compelling context primarily recognition protection part obligations international law vienna convention diplomatic relations april parties agree represents current state international law imposes host special duty take appropriate steps protect premises mission intrusion damage prevent disturbance peace mission impairment dignity art need protect diplomats grounded nation important interest international relations leading commentator observed necessary nations treat hold intercourse together order promote interests avoid injuring adjust terminate disputes vattel law nations chitty ed translation observation even true today given global nature economy extent actions parts world affect national security diplomatic personnel essential conduct international affairs crucial nation addition light concept reciprocity governs much international law area see wilson diplomatic privileges immunities parochial reason protect foreign diplomats country ensures similar protections accorded send abroad represent thus serves national interest protecting citizens recent history replete attempts unfortunately successful harass harm ambassadors diplomatic officials underlying purposes combine make national interest protecting diplomatic personnel powerful indeed time well established agreement foreign nation confer power congress branch government free restraints constitution reid covert see restatement foreign relations law comment tent draft apr ules international law provisions international agreements subject bill rights prohibitions restrictions requirements constitution given effect violation thus fact interest recognized international law automatically render interest compelling purposes first amendment analysis need decide today whether extent dictates international law ever require first amendment analysis adjusted accommodate interests foreign officials even assume international law recognizes dignity interest considered sufficiently compelling support restriction speech conclude narrowly tailored serve interest see perry education board airport los angeles useful starting point assessing compare analogous statute adopted congress body primarily responsible implementing obligations vienna convention title subjects criminal punishment willful acts attempts intimidate coerce threaten harass foreign official official guest obstruct foreign official performance duties legislative history reveals developed deliberate effort implement international obligations see cong rec time history reflects substantial concern effect legislation first amendment freedoms example original provision contained prohibition willful acts attempts intimidate coerce threaten harass obstruct foreign official current version portion similarities display clause however also punished anyone parades pickets displays flag banner sign placard device utters word phrase sound noise purpose intimidating coercing threatening harassing foreign official obstructing performance duties act protection foreign official guests pub title iii stat othing contained section shall construed applied abridge exercise rights guaranteed first amendment constitution stat passage form congressional concerns impact first amendment freedoms apparently escalated rather abated congress revisited area repealed antipicketing provision leaving place current prohibition willful acts attempts intimidate coerce threaten harass foreign official modifying congress motivated first amendment concerns language original provision raises serious constitutional questions appears include within purview conduct speech protected first amendment section applies conduct within outside district columbia legislative history exclusion district statute reach explained reference congress informed similar statute already applied inside district supra two statutes however identical differences constitutionally significant two obvious ways considerably less restrictive display clause first foremost narrowly directed content speech activity including speech prohibited effects moreover unlike prohibit picketing prohibits activity undertaken intimidate coerce threaten harass indeed unlike display clause even repealed antipicketing portion permitted peaceful picketing given congressional development significantly less restrictive statute implement vienna convention little force argument give deference supposed congressional judgment convention demands problematic approach reflected display clause necessary rest country petitioners contend necessary district columbia offered respondents district higher concentration foreign embassies locales restrictive statute therefore necessary arguably factually incorrect new york city reported greater number foreign embassies missions consulates district columbia see note regulating embassy picketing public forum geo rev logically beside point since need protect dignity equally present whether one embassy mission one hundred points congress exclusive legislative authority district columbia art cl argues justifies extensive measures fail see however potential legislative power enact extensive measures makes measures necessary congressional action since appeals ruling case casts even doubt validity display clause causes one doubt whether reached result law stands omnibus diplomatic security antiterrorism act congress said district columbia law concerning demonstrations near foreign missions district columbia code sec may inconsistent reasonable exercise rights free speech assembly law may selectively enforced peaceful demonstrators may unfairly arrested law obligation provide adequate security missions personnel foreign governments must balanced reasonable exercise rights free speech assembly therefore council district columbia review appropriate make revisions laws district columbia concerning demonstrations near foreign missions consultation secretary state secretary treasury pub stat district columbia government responded congressional request embodied omnibus act repealing repeal contingent however congress first acting extend district see protection foreign officials official guests internationally protected persons amendment act act reg cf section applies within outside district columbia recent round legislative action concerning yet led making repeal provision effective undercut significantly respondents defense display clause considered together earlier congressional action implementing vienna convention claim display clause sufficiently narrowly tailored gravely weakened ever congress longer considers statute necessary comply international obligations relying congressional judgment delicate area conclude availability alternatives amply demonstrates display clause crafted sufficient precision withstand first amendment scrutiny may serve interest protecting dignity foreign missions narrowly tailored less restrictive alternative readily available cf wygant jackson bd plurality opinion thus even assuming present purposes dignity interest compelling hold display clause inconsistent first amendment iii petitioners initially attack congregation clause arguing confers unbridled discretion upon police addressing facial overbreadth challenge first task ascertain whether enactment reaches substantial amount constitutionally protected conduct houston hill hoffman estates flipside hoffman estates making assessment consider actual text statute well limiting constructions developed kolender lawson hoffman estates supra congregation clause makes unlawful congregate within feet embassy legation consulate refuse disperse ordered police appeals must first observe read congregation clause distinct display clause constitutional infirmity latter need affect former see app second appeals followed lead several earlier decisions see travers daily rptr sess april concluded statute permits dispersal congregations directed embassy grant police power disperse reasons nothing nearby embassy app finally appeals circumscribed police discretion holding statute permits dispersal police reasonably believe threat security peace embassy present petitioners protest appeals without authority narrow statute according petitioners must considered state legislation brings within sweep prior decisions indicating federal courts without power adopt narrowing construction state statute unless construction reasonable readily apparent see grayned rockford gooding wilson even assuming district columbia considered state purpose argument overlooks fact enacted congress district columbia council cf whalen well settled federal courts power adopt narrowing constructions federal legislation see new york ferber photographs indeed federal courts duty avoid constitutional difficulties construction fairly possible see ferber supra photographs supra schneider smith original congressional resolution part district columbia code administrative transfer diminish national interest congregation clause counsel respondents indicated oral argument independent district columbia interest tr oral arg accordingly see barrier appeals adoption narrowing construction narrowed congregation clause withstands first amendment overbreadth scrutiny reach substantial amount constitutionally protected conduct merely regulates place manner certain demonstrations unlike general breach peace statute see cox louisiana congregation clause site specific applies within feet foreign embassies cf cox louisiana ordinance prohibiting certain picketing near courthouse upheld cited approval less vague due specification feet grayned supra upholding ban picketing near school special nature place relevant judging reasonableness restraint moreover congregation clause prohibit peaceful congregations reach limited groups posing security threat noted demonstrations turn violent lose protected quality expression first amendment grayned supra two limitations prevent congregation clause reaching substantial amount constitutionally protected conduct make clause consistent first amendment petitioners argue even narrowed appeals congregation clause invalid impermissibly vague particular petitioners focus word peace defined limited rejected identical argument grayned supra case concerned ordinance prohibited persons near schools disturb ing peace schools held given particular context ordinance gave fair notice scope although prohibited quantum disturbance specified ordinance apparent statute announced purpose measure whether normal school activity disrupted section presents situation crafted particular context given context apparent prohibited quantum disturbance whether normal embassy activities disrupted statute communicates reach words common understanding ibid cameron johnson accordingly withstands petitioners vagueness challenge iv addition first amendment challenges display clause congregation clause petitioners raise equal protection argument relying police department chicago mosley carey brown petitioners contend display clause congregation clause violate equal protection virtue excludes labor picketing general prohibitions othing contained shall construed prohibit picketing result bona fide labor disputes regarding alteration repair construction either buildings premises occupied business purposes wholly part representatives foreign governments accordingly construed protect violent labor congregations unequal treatment nonlabor labor picketing run afoul equal protection clause view interpreted manner first well established statutes construed avoid constitutional questions construction fairly possible see new york ferber supra photographs supra second face statute admonishes nothing shall prohibit picketing narrowed appeals congregation clause prohibit picketing merely regulates place manner certain demonstrations labor proviso thus completely consistent congregation clause third evinces intent protect bona fide labor disputes think safe conclude intent protect good faith disagreements falls short intent insulate violent conduct indeed unreasonable construe statute way sole purpose protect violent labor congregations intended function largely conclusion display clause invalid viewing section way eliminates potential unequal treatment nonlabor labor congregations accordingly view violate equal protection clause conclude display clause unconstitutional face restriction political speech public forum narrowly tailored serve compelling state interest also conclude congregation clause narrowed appeals facially unconstitutional accordingly judgment appeals reversed part affirmed part ordered justice brennan justice marshall joins concurring part concurring judgment join part justice opinion also join part extent concludes even analysis set forth renton playtime theatres display clause constitutes restriction speech merits strict scrutiny whatever secondary effects means agree include listeners reactions speech cf hustler magazine falwell ante write separately however register continued disagreement proposition otherwise restriction speech recast content neutral restriction aims secondary effects speech see renton supra brennan joined marshall dissenting object justice assumption renton analysis applies outside context businesses purveying sexually explicit materials even political speech dangers difficulties posed renton analysis extensive although case easy enough determine display clause aim secondary effect speech future litigants unlikely bold forthright defend restriction speech argument restriction aims protect listeners indignity hearing speech criticizes rather likely defend restrictions pointing justice suggests secondary effects like congestion visual clutter security ante secondary effects offer countless excuses suppression political speech doubt plausible argument made political gatherings parties likely others attract large crowds causing congestion picketing certain causes likely picketing cause visual clutter speakers delivering particular message likely others attract unruly audience traditional analysis rejects priori categorical judgments based content speech police department chicago mosley requiring governments regulate based actual congestion visual clutter violence rather based predictions speech certain content induce effects renton analysis however creates possible avenue governmental censorship whenever censors concoct secondary rationalizations regulating content political speech moreover renton analysis provides none clear lines sanctuaries first amendment demands traditional approach sets forth rule restriction speech application turns content speech restriction regardless motivation lies behind mind always implicit fact term test test rather test traditional rule thus provides clear guidance governments ascertain scope impermissible regulation individuals ascertain scope constitutional protection renton analysis contrast plunges courts morass legislative motive notoriously hazardous indeterminate inquiry particularly renton approach posited purpose flies face plain statutory language see even motivational inquiry resolved renton approach saddles courts fuzzy distinction secondary direct effects speech distinction likely prove unworkable distinctions constitutional jurisprudence proved compare complete auto transit brady criticizing wisely rejecting distinction direct indirect taxation interstate commerce tribe american constitutional law ed noting abandoned similar distinction direct indirect regulation interstate commerce indeterminacy hardly renton worst flaw root problem renton analysis relies dubious proposition statute face discriminates based content speech aims content secondary effect affect operation statute inherently nature renton analysis certainly exacerbates risk many laws designed suppress disfavored speech go undetected although inquiry motive sometimes useful supplement best protection governmental attempts squelch opposition never lain ability assess purity legislative motive rather requirement government act means restrict expression government favors well expression disfavors justice jackson felicitous words nearly years ago courts take better measure assure laws require laws equal operation railway express agency new york concurring opinion moreover even confident ability determine law intended aim secondary effects certain types speech law still offend fundamental free speech interests denying speakers equal right engage speech denying listeners right undistorted debate rights precious speech subject unequal treatment political speech debate distorted political debate dangers uncertainties damage free equal debate caused renton analysis regrettable given unlikelihood legitimate governmental interest restriction speech especially political speech ample alternatives governments advancing goals regulation least renton plausible argument secondary effect sought regulated social decay neighborhoods directly regulated way congestion visual clutter violence absent demonstrable showing type necessity hard see convincing argument ever made regulation aim content conceive situation plausible argument made regulating content political speech necessary regulate secondary effects today renton analysis however unwise least never applied political speech renton seemed confine application businesses purvey sexually explicit materials indeed day decided renton three justices joined reiterated traditional test pacific gas electric public utilities plurality opinion powell time place manner regulation valid must neutral content speech regulated see also widmar vincent evaluating prohibition religious use university buildings strict scrutiny applicable regulations even though prohibition aimed avoiding perceived establishment clause problems secondary effect speech true today application renton analysis political speech dictum challenged statute treated content based either renton traditional approach opinion easily stated simply need reach issue whether renton applies political speech even renton law constitutes restriction nonetheless ominous dictum set road lead evisceration first amendment freedoms hope actually presented case involving regulation political speech allegedly aims secondary effects speech recognize avoid pitfalls renton approach suggested strong arguments exist minimum confining renton analysis situations secondary effects sought regulated amenable direct regulation chief justice rehnquist justices white blackmun join concurring part dissenting part reasons stated judge bork majority opinion uphold portion district columbia code prohibits display sign within feet foreign embassy sign tends bring foreign government public odium public disrepute however agree justice congregation clause unconstitutional exemption labor picketing violate equal protection clause join parts iii iv majority opinion