grace argued january decided april title prohibits display flag banner device designed adapted bring public notice party organization movement building grounds defined include public sidewalks constituting outer boundaries grounds one appellee threatened arrest police officers violation statute distributed leaflets concerning various causes sidewalk front appellee similarly threatened arrest displaying sidewalk picket sign containing text first amendment appellees filed suit federal district seeking injunction enforcement declaratory judgment unconstitutional face district dismissed complaint failure exhaust administrative remedies appeals determining dismissal erroneous struck face unconstitutional restriction first amendment rights public place held section applied public sidewalks surrounding building unconstitutional first amendment pp conduct appellee falls statutory ban hence proper reach constitutional question involved pp general matter peaceful picketing leafletting expressive activities involving speech protected first amendment public places streets sidewalks parks historically associated free exercise expressive activities considered without public forums places government may enforce reasonable time place manner regulations additional restrictions absolute prohibition particular type expression upheld narrowly drawn accomplish compelling governmental interest pp grounds transformed public forum property merely public permitted freely enter leave grounds practically times admitted building specified hours sidewalks forming perimeter grounds indistinguishable sidewalks washington treated differently thus public forums first amendment purposes pp insofar totally bans specified communicative activity public sidewalks around grounds justified reasonable place restriction total ban carrying flag banner device public sidewalks substantially serve purposes statute part provide maintenance law order grounds prohibitions issue sufficiently serve averred purpose protecting outside influence preventing appearing public subject influence picketing marching acceptable way influencing noted public sidewalks surrounding grounds different public sidewalks city pp white delivered opinion burger brennan blackmun powell rehnquist joined marshall post stevens post filed opinions concurring part dissenting part solicitor general lee argued cause appellants briefs assistant attorney general mcgrath deputy solicitor general geller david strauss anthony steinmeyer marc richman sebastian graber argued cause appellees brief norman townsend bradley stetler stephen hut arthur spitzer charles sims filed brief american civil liberties union et al amici curiae urging affirmance robert gnaizda sidney wolinsky filed brief league latin american citizens amicus curiae justice white delivered opinion case must determine whether prohibits among things display flag banner device designed adapted bring public notice party organization movement building grounds violates first amendment may appellee thaddeus zywicki standing sidewalk front building distributed leaflets passerby leaflets reprints letter editor washington post senator concerning removal unfit judges bench police officer approached zywicki told accurately title code prohibited distribution leaflets grounds includes sidewalk zywicki left january zywicki visited sidewalk front distribute pamphlets containing information forthcoming meetings events concerning oppressed peoples central america zywicki approached police officer informed distribution leaflets grounds prohibited law officer indicated zywicki arrested leafletting continued zywicki left zywicki reappeared february sidewalk front distributed handbills concerning oppression guatemala zywicki consulted attorney concerning legality activities informed superior district columbia construed statute prohibited leafletting prohibit conduct done specific intent influence impede obstruct administration justice zywicki told police officer subject arrest persisted leafletting zywicki complained denied right others granted referring newspaper vending machines located sidewalk nonetheless zywicki left grounds around noon march appellee mary grace entered upon sidewalk front began display four foot two half foot sign inscribed verbatim text first amendment police officer approached grace informed go across street wished display sign grace informed title code prohibited conduct cease arrested grace left grounds may zywicki grace filed present suit district district columbia sought injunction continued enforcement declaratory judgment statute unconstitutional face august district dismissed complaint failure exhaust administrative remedies appellees took appeal arguing district action improper appeals grant relief requested complaint appeals determined district dismissal failure exhaust administrative remedies erroneous went strike face unconstitutional restriction first amendment rights public place grace burger app government appealed appeals judgment noted probable jurisdiction ii section prohibits two distinct activities unlawful either parade stand move processions assemblages building grounds display therein flag banner device designed adapted bring public notice party organization movement appellee appeared individually public sidewalks engage expressive activity goes without saying threat arrest appellee subjected violating prohibition display banner device accordingly review limited latter portion statute likewise controversy presented appellees concerned right use public sidewalks surrounding building communicative activities sought carry shall address whether proscriptions constitutional applied public sidewalks normal course first ascertain whether construction statute fairly possible constitutional question may avoided crowell benson see new york ferber appellees make statutory construction argument lower courts oral argument question raised whether reached types conduct appellees engaged answer agree statute covers particular conduct zywicki grace therefore proper reach constitutional question involved case statutory ban display flag banner device designed adapted bring public notice party organization movement undisputed grace picket sign containing text first amendment falls within description flag banner device although less obvious equally uncontested zywicki leaflets fall within proscription well also accept government contention contested appellees almost sign leaflet carrying communication including grace picket sign zywicki leaflets designed adapted bring public notice party organization movement construction brings certainty reach statute hence avoids might challenges validity iii first amendment provides congress shall make law abridging freedom speech doubt general matter peaceful picketing leafletting expressive activities involving speech protected first amendment carey brown gregory chicago jamison texas thornhill alabama lovell griffin schneider state also true public places historically associated free exercise expressive activities streets sidewalks parks considered without public forums see perry education assn perry local educators carey brown supra hudgens nlrb cox new hampshire hague cio places government ability permissibly restrict expressive conduct limited government may enforce reasonable time place manner regulations long restrictions narrowly tailored serve significant government interest leave open ample alternative channels communication perry education supra see heffron international society krishna consciousness grayned city rockford cox louisiana cox ii additional restrictions absolute prohibition particular type expression upheld narrowly drawn accomplish compelling governmental interest see perry education supra widmar vincent publicly owned operated property become public forum simply members public permitted come go see greer spock although whether property generally opened public factor consider determining whether government opened property use people communicative purposes determinative question regularly rejected assertion people wish propagandize protests views constitutional right whenever however wherever please adderley florida see cox louisiana cox cox ii supra little doubt circumstances government may ban entry public property public forum persons except legitimate business premises government less private owner property power preserve property control use lawfully dedicated adderley florida supra see cox ii supra iv argued building grounds fit neatly within description nonpublic forum property although property publicly owned traditionally held open use public expressive activities greer spock supra teaches property transformed public forum property merely public permitted freely enter leave grounds practically times public admitted building specified hours view necessary determine restrictions imposed reasonable light use building grounds dedicated discrimination basis content need make judgment time however covers public sidewalks well building grounds inside sidewalks become evident hold may applied public sidewalks prohibitions imposed technically cover entire grounds defined section describes grounds extending curb four streets enclosing block building located included within small geographical area therefore building plaza surrounding promenade lawn area steps also sidewalks sidewalks comprising outer boundaries grounds indistinguishable sidewalks washington discern reason treated differently sidewalks course among areas public property traditionally held open public expressive activities clearly within areas public property may considered generally without inquiry public forum property respect present case differs greer spock supra greer streets sidewalks issue located within enclosed military reservation fort dix thus separated streets sidewalks municipality true sidewalks surrounding separation fence indication whatever persons stepping street curb sidewalks serve perimeter grounds entered special type enclave postal service greenburgh civic stated congress may ipse dixit destroy public forum status streets parks historically public forums inclusion public sidewalks within scope prohibition however results destruction public forum status least presumptively impermissible traditional public forum property occupies special position terms first amendment protection lose historically recognized character reason abuts government property dedicated use forum public expression may government transform character property expedient including within statutory definition might considered nonpublic forum parcel property public sidewalks forming perimeter grounds view public forums treated first amendment purposes government submits qualifies reasonable time place manner restriction may imposed restrict communicative activities public forum property sidewalks argument inquiry confined grounds focus vicinity public places washington brief appellants viewed light government contends sufficient alternative areas within relevant forum streets around sidewalks across streets permit considered reasonable place restriction minimal impact expressive activity convinced however section totally bans specified communicative activity public sidewalks around grounds justified reasonable place restriction primarily insufficient nexus public interests may thought undergird reasons conclusion become apparent decide insofar prohibitions reach public sidewalks unconstitutional sufficiently serve public interests urged justification section part statute enacted elating policing building grounds stat occasion passage termination practice district columbia authorities appointing guards special policemen district action left police force without authority make arrests enforce law building grounds act soon forthcoming modeled legislation relating capitol grounds stat authorizes appointment marshal special officers duty connection policing building grounds adjacent streets sections act prohibit certain kinds conduct building grounds section codified issue sections authorize marshal issue regulations provide penalties violations act regulations authorize special police make arrests violation act prohibitions law occurring within building grounds adjacent streets section act defines limits grounds including sidewalks surrounding building based provisions legislative history fair say purpose act provide protection building grounds persons property therein well maintenance proper order decorum section one provisions apparently designed purposes least special reason stated enactment denigrate necessity protect persons property maintain proper order decorum within grounds question whether total ban carrying flag banner device public sidewalks substantially serves purposes suggestion example appellees activities way obstructed sidewalks access building threatened injury person property way interfered orderly administration building parts grounds said building perimeter sidewalks indistinguishable public sidewalks city normally open conduct issue forbids total ban conduct necessary maintenance peace tranquility public sidewalks surrounding building sidewalks city accordingly justified basis offers another justification deserves attention said federal courts represent independent branch government decisionmaking processes different branches decisions made record accordance applicable law views parties others presented briefs oral argument courts subject lobbying judges entertain visitors chambers purpose urging cases resolved one way another respond parades picketing pressure groups neither government urges appear public subject outside influence picketing marching singly groups acceptable proper way appealing influencing hence asked hold congress quite justified preventing conduct dispute occurring sidewalks edge grounds case maintenance law order grounds discount importance proffered purpose unconvinced prohibitions issue sufficiently serve purpose sustain validity insofar public sidewalks perimeter grounds concerned sidewalks used public like public sidewalks nothing indicate public sidewalks part grounds way different public sidewalks city seriously doubt public draw different inference lone picketer carrying sign sidewalks around building similar picket sidewalks across street thus perceive insufficient justification prohibition carrying signs banners devices public sidewalks surrounding building hold first amendment section unconstitutional applied sidewalks course say sidewalks like sidewalks subject reasonable time place manner restrictions either statute regulations issued pursuant judgment accordingly affirmed extent indicated opinion otherwise vacated ordered footnotes case zywicki counsel referred ebner super case currently appeal district columbia appeals postponed decision pending outcome present appeal grace burger supp justified action regard relying primarily fact case presented pure question law fully briefed argued parties district appeals appellants take issue propriety appeals action addressing merits rather remanding district assume action proper without deciding question cf singleton wulff although appeals opinion purports hold unconstitutional face without indication holding limited portion statute deals display flag banner device decision must read limited prohibition first amendment provides full congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances limitation hours public permitted building regulation promulgated regulation provides building first street washington open public monday friday except federal holidays building closed times although persons legitimate business may admitted times authorized responsible officials section provides purposes sections title grounds shall held extend line face east curb first street northeast maryland avenue northeast east capitol street line face south curb maryland avenue northeast first street northeast second street northeast line face west curb second street northeast maryland avenue northeast east capitol street line face north curb east capitol street first street northeast second street northeast prohibitions expressly made applicable entire grounds statute construed exclude sidewalks thus must consider congress extension prohibitions sidewalks reasoned choice section prohibit expressive conduct example purport prohibit oral expression subject unnecessary however determine conduct picketing leafletting issue may fairly within terms statute statute least prohibits conduct issue note current marshal interpreted applied statute prohibit picketing leafletting expressive conduct see grace burger app interpreted applied absolute ban two types expressive conduct clear prohibition facially justice marshall concurring part dissenting part hold unconstitutional face statute way distinguishes sidewalks rest premises excising sidewalks purview bring conformity first amendment visitors lose first amendment rights edge sidewalks students teachers shed constitutional rights freedom speech expression schoolhouse gate tinker des moines independent community school district since continuing existence statute inevitably chilling effect freedom expression virtue deciding constitutionality piecemeal basis citizen place every right brown louisiana opinion fortas joined warren douglas denied opportunity express views simply government chosen designate area forum public discussion right conduct expressive activities areas streets parks sidewalks reinforced traditional use purposes assembly hague cio opinion roberts joined black right ultimately rests principle one rightfully street state left open public carries elsewhere constitutional right express views orderly fashion jamison texas emphasis added every citizen lawfully present public place right engage peaceable orderly expression incompatible primary activity place question whether place school library private lunch counter grounds statehouse grounds capitol bus terminal airport welfare center stated grayned city rockford crucial question whether manner expression basically incompatible normal activity particular place particular time ne exercise liberty expression appropriate places abridged plea may exercised place schneider state see reason premises exempt basic principle ironic indeed exception constitution recognized institution chief responsibility protecting constitutional rights apply premises principle applied public places viewed light plainly unconstitutional face statute reasonable regulation time place manner kovacs cooper cox new hampshire applies times covers entire premises interpreted proscribes even handing leaflet presumably wearing campaign button well statute merely forbid conduct incompatible primary activity carried cf grayned city rockford supra greer spock powell concurring contrast supp statute upheld cox louisiana limited expressive activities intended interfere obstruct impede administration justice cox stressed prohibition expression unrelated judicial proceedings raise entirely different considerations statute issue far cry supp statute upheld cox imposes blanket prohibition display flag banner device designed adapted bring public notice party organization movement emphasis added application statute depend upon whether flag banner device way concerns case sweeping prohibition scarcely necessary protect operations view constitutionally applied either grounds areas inside building open public therefore hold prohibition unconstitutional face repeatedly recognized statute sweeps within ambit broad range expression protected first amendment struck face existence statute results continuous pervasive restraint freedom discussion might reasonably regarded within purview thornhill alabama omitted justice brennan stated opinion naacp button first amendment freedoms delicate vulnerable threat sanctions may deter exercise almost potently actual application sanctions leave visitors subject continuing threat imprisonment dare exercise first amendment rights inside sidewalks tinker des moines independent community school district brown louisiana brennan concurring judgment garner louisiana harlan concurring judgment edwards south carolina jeannette rankin brigade chief capitol police supp dc summarily aff wolin port new york authority cert denied chicago area military project city chicago cert denied kuszynski city oakland albany welfare rights organization wyman cert denied separate provisions code also make crime solicit contributions give speech premises title supp provides pertinent part whoever intent interfering obstructing impeding administration justice intent influencing judge juror witness officer discharge duty pickets parades near building housing intent uses similar device resorts demonstration near building shall fined imprisoned one year louisiana statute upheld face cox provided pertinent part whoever intent interfering obstructing impeding administration justice intent influencing judge juror witness officer discharge duty pickets parades near building housing state louisiana shall fined five thousand dollars imprisoned one year la rev stat supp agree clause prohibiting processions assemblages us since neither appellees engaged procession assemblage robel keyishian board regents elfbrandt russell dombrowski pfister thornhill alabama lovell griffin indeed protect third parties held even litigant whose activities unprotected may nevertheless challenge statute showing substantially abridges first amendment rights parties schaumburg citizens better environment emphasis added erznoznik city jacksonville lewis city new orleans broadrick oklahoma gooding wilson kunz new york naacp button showing made statute struck face overbroad statute likewise struck face challenged litigants whose activities constitutionally protected person violates statute subject imprisonment days fine justice stevens concurring part dissenting part three occasions zywicki distributed leaflets handbills construe activity display flag banner device typical passerby learned zywicki message display literature material left zywicki possession message become intelligible one occasion grace carried sign text first amendment written agree display device agree device designed adapted bring public notice party organization movement typical passerby merely observing sign confidently link specific party organization movement term understood statute drafted see reason stretch language statute encompass activities either zywicki grace matter statutory interpretation infer congress intended abridge free expression circumstances plainly covered language statute matter judicial restraint avoid unnecessary adjudication constitutional questions neither appellees violated statute affirm judgment appeals extent requires appellants restrained causing appellees arrest engaging activities disclosed record course series actions endeavours part body persons moving tending less continuously towards special end oxford english dictionary movement definition see also webster international dictionary ed movement definition