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.
 
M.K.B. v. Warden [secret case]

 
IssueWhether the lower courts failed to comply with the Supreme Court’s common law and First Amendment jurisprudence governing public access to court filings and proceedings, where the lower courts sealed all court filings in federal habeas corpus case, as well as the entire docket of proceedings in the district court and the court of appeals, without articulating any findings to support sealing, and without considering the possibility of merely redacting those portions of the filings for which sealing might be legally justified?
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.
Lawyers
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

Other
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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Lower Court 11th Circuit
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Kathlen M. Williams

Briefs
For Petitioner
Petitioner's Cert. Petition

For Amicus
Reporters Committee for Freedom of the Press

News Stories & Commentary
AP, "Bush administration tries to keep high court arguments secret"

AP, "High court to White House: Explain secrecy in detainee case"

AP, "High court won't hear detainee secrecy case"

CSM, "Secret 9/11 case before high court"

Daily Business Review, "Plea for openness"

Tom Golstein (SCOTUsblog)

Press Release
Press Release, Reporters Committee for Freedomof the Press

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