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December 16, 2010


Sebastian Graber, Esq.

I am the attorney who argued U.S. v. Grace, the Supreme Court case which held that demonstrations on the sidewalk surrounding the Court could not be prohibited by the statute because the sidewalk is a traditional public forum.
That was the key to victory in Grace. Every attempt after Grace to argue that demonstrations on the steps or plaza should be protected under the First Amendment have failed because these areas are considered "non-public forums."
The key to broadening protection to the steps or plaza is to produce evidence of unequal enforcement, e.g., people / tourists are allowed to wear T-shirts or buttons with political messages. That might demonstrate "content based" discrimination. But the courts do not seem willing to expand the "public forum" area of the Court beyond the Sidewalk. Because the sidewalk is not very wide, it would be better to allow demonstrations at least on the first plaza level. We shall see.
Good luck to all who contine to press the boundaries of First Amendment expression!


Thank you for this witness, Jack and everyone!


Contrary to popular belief, Corporations do not have, nor have they ever had, First Amendment Rights. Only natural persons have rights. And contrary to the posting that Corporations reserve their rights, they still have no rights. That is only an act taken as the result of some attorney or attorneys telling their client(s) that a corporation can reserve its rights, it can't.
Further, the class known as subjects according to the Common Law of England, as subjects in America have no first, second, fourth, ninth and tenth amendment rights. That is only reserved for the people not the subjects.

Paul Stewart

What is saddest to me is that Corporations now have greater First Amendment rights and protection than individual citizens. We often hear about the Founder's intent. I do not think this was it!

Jack Payden-Travers

As the protestor being dragged off by the police in the above photos, I should like to add to the story. Two of us had prepared to do a pro se appeal in front of the DC Court of Appeals on behalf of all six. Originally we were granted a 30 minute argumentation on the docket. However several days before our scheduled hearing when the clerk realized the appeal was to be argued by the defendants and not our court appointed counsel, Mark Goldstone, the right to an oral hearing was rescinded and only the briefs were considered. So much for Free Speech and the right to defend oneself.

Arline Jolles Lotman, Esq

Bad decision but can it be reviewed by 9 Justices without questioning bias?

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