Virginia v. Hicks

539 U.S. 113 (2003)

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Nature of the Case

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Facts

The Richmond Redevelopment and Housing Authority (P), a political subdivision of Virginia, owns and operates a low-income housing development. P enacted a policy authorizing the Richmond police to serve notice on any person lacking 'a legitimate business or social purpose' for being on the premises and to arrest for trespassing any person who remains or returns after having been so notified. Hicks (D), a nonresident, got a written notice barring him from Whitcomb Court. D been convicted on two prior occasions of trespassing there and once of damaging property there. D trespassed and was arrested and convicted. D claimed the policy was, among other things, unconstitutionally overbroad and void for vagueness. The Virginia Court of Appeals vacated his conviction. The streets of Whitcomb Court were a 'traditional public forum,' notwithstanding the city ordinance declaring them closed. In affirming, the Virginia Supreme Court found the policy unconstitutionally overbroad in violation of the First Amendment, because the policy also prohibits speech and conduct clearly protected by the First Amendment and it vests too much discretion in Whitcomb Court's manager. The Supreme Court granted certiorari.