Boos v. Barry

485 U.S. 312 (1988)

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Nature of the Case

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Facts

Petitioners are three individuals who wish to carry signs critical of the Governments of the Soviet Union and Nicaragua on the public sidewalks within 500 feet of the embassies of those Governments in Washington. A law prohibited them from engaging in these activities. Boos (P) brought a facial First Amendment challenge, and the Court granted respondents' (D’s) motion for summary judgment. A divided panel of the Court of Appeals affirmed. That court concluded that the display clause was a content-based restriction on speech but found it constitutional because it was justified by a compelling governmental interest and was narrowly drawn to serve that interest. The court also concluded that the congregation clause should be construed to authorize an order to disperse 'only when the police reasonably believe that a threat to the security or peace of the embassy is present,' and that as construed, the congregation clause survived First Amendment scrutiny.