United States v. Grace

461 U.S. 171 (1983)

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Nature of the Case

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Facts

Mary Grace (P) entered the sidewalk of the Court and began to display a 4 x 2 sign which was inscribed verbatim with the text of the First Amendment. A Court police officer informed her that she would have to go across the street and that her display was prohibited by law and that if she did not cease she would be arrested. P was informed that Title 40 of the United States Code prohibited her conduct. P left the grounds but then filed suit for an injunction against continued enforcement of the statute. Section 13k prohibits the following activities: 'to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds,' or 'to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement.' P sought an injunction against continued enforcement of 40 U.S.C. § 13k and a declaratory judgment that the statute was unconstitutional on its face. The District Court dismissed the complaint for failure to exhaust administrative remedies. P took an appeal, arguing that the District Court's action was improper and that the Court of Appeals should grant the relief requested in the complaint. The Court of Appeals determined that the District Court's dismissal for failure to exhaust administrative remedies was erroneous, and went on to strike down § 13k on its face as an unconstitutional restriction on First Amendment rights in a public place. The Government (D) appealed from the Court of Appeals' judgment. The Supreme Court granted certiorari.