HODGE v. TALKIN

No. 13-5250.

799 F.3d 1145 (2015)

Harold H. HODGE, Jr., Appellee v. Pamela TALKIN, Marshal of the United States Supreme Court, and Vincent H. Cohen, Jr., Esquire, in his Official Capacity as Acting United States Attorney, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 2015.


Attorney(s) appearing for the Case

Beth S. Brinkmann , Attorney, U.S. Department of Justice, argued the cause for appellants.

On the briefs were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Michael S. Raab and Daniel Tenny , Attorneys. Jane M. Lyons , Assistant U.S. Attorney, entered an appearance.

Jeffrey L. Light argued the cause and filed the brief for appellee.

Arthur B. Spitzer was on the brief for amicus curiae American Civil Liberties Union of the National Capital Area in support of appellee.

Opinion for the Court filed by Circuit Judge SRINIVASAN.


For more than sixty-five years, a federal statute has restricted the public's conduct of expressive activity within the building and grounds of the Supreme Court. The law contains two prohibitions within the same sentence. The first makes it unlawful "to parade, stand, or move in processions or assemblages in the Supreme...

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