Potts v. United States

Summary

The District of Columbia Court of Appeals affirmed the convictions of protestors who displayed expressive clothing and a sign on the Supreme Court grounds in violation of 40 U.S.C. § 6135. The court held that the Superior Court had jurisdiction and that the statute was not unconstitutional on grounds of nonpublic-forum restrictions, vagueness, or overbreadth. It also upheld the trial court’s findings that the appellants’ displays advocated a cause or movement within the meaning of the statute.

Holdings

1. The Superior Court has jurisdiction to prosecute violations of 40 U.S.C. § 6135 because 40 U.S.C. § 6137(b) expressly authorizes prosecution in Superior Court and § 6135 regulates conduct exclusively on the Supreme Court grounds.
2. Section 6135 does not violate the First Amendment on its face or as applied to appellants.
3. The display clause of 40 U.S.C. § 6135 is not unconstitutionally vague.
4. The trial court did not misconstrue § 6135 or clearly err in finding that appellants' orange jumpsuit and black hoods were devices designed or adapted to bring a movement into public notice.
5. The display clause is not unconstitutionally overbroad.

Questions Presented

1. Whether the Superior Court had jurisdiction to prosecute violations of 40 U.S.C. § 6135.
2. Whether 40 U.S.C. § 6135 violated the First Amendment facially or as applied to appellants.
3. Whether the display clause of 40 U.S.C. § 6135 was unconstitutionally vague or overbroad.
4. Whether appellants' costumes and sign constituted displays or devices covered by § 6135.
5. Whether the trial court clearly erred in finding that appellants had sufficient time to comply with police directives before arrest.

Disposition

affirmed