First Amendment topicsAbout the First Amendment
Virginia v. Hicks (2003)  [Findlaw]

Argument Date 04/30/2003
Decided 6/16/2003
Supreme Court Vote 9-0
IssueWhether a state redevelopment and housing authority's trespass policy is overly broad and thereby violates the First Amendment. Overbreadth and standing.
Majority Opinion Scalia, J.
Concurring Opinion Souter, J. (Joined by Breyer, J.)
Certiorari Granted 01/24/2003
Lower Court Virginia Supreme Court
Lower Court Ruling The Virginia Supreme Court sustained the First Amendment claim in Virginia v. Hicks (2002) (per Justice Leroy R. Hassell, Sr. with Justices Kinser and Donald W. Lemons concurring in part and dissenting in part.
For Petitioner
William Henry Hurd, Office of the Virginia Attorney General

For Respondent
Steven Benjamin, Benjamin & DesPortes, P.C.

Ruling - Lower Court
Virginia v. Hicks

Tony Mauro Analysis
Justices ask if trespass case is free-speech issue

Loitering-trespass case with First Amendment overtones to get high-court review

Supreme Court upholds off-limits rules for public housing

Swanson, James L., "Unholy Fire: Cross Burning, Symbolic Speech, and the First Amendment Virginia v. Black" (Cato Supreme Court Review, 2001-2002)

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