Full opinion text
MEMORANDUM OPINION BERYL A. HOWELL, District Judge. Following his arrest for violation of 40 U.S.C. § 6135 for wearing a sign while standing “quietly and peacefully” on the Supreme Court plaza, the plaintiff, Harold Hodge, Jr., brought this lawsuit to challenge the constitutionality of that statute under the First and Fifth Amendments “on its face and as applied to his desired activities,” which include returning to the Supreme Court plaza to “engage in peaceful, non-disruptive political speech and expression.” Amended Complaint (“Am. Compl.”), ECF No. 8, ¶¶ 1, 20, 28. The defendants — Pamela Talkin, Marshal of the United States Supreme Court, and Ronald Machen, Jr., U.S. Attorney for the District of Columbia, in their official capacities — have moved to dismiss the complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Alternatively, they have moved for summary judgment pursuant to Federal Rule of Civil Procedure 56(a). Defs.’ Mot. to Dismiss or in the Alternative, for Summ. J. (“Defs.’ Mot.”), ECF No. 14. For the reasons explained below, the defendants’ motion is denied because the Court finds the challenged statute unconstitutional under the First Amendment. Summary judgment will therefore be entered for the plaintiff pursuant to Federal Rule of Civil Procedure 56(f). I. BACKGROUND The plaintiff, as noted, has been arrested for violating the statute he now challenges on constitutional grounds. Set forth below is pertinent factual and legal background to evaluate his claim and the pending motion. A. The Plaintiff’s Protest and Arrest at the Supreme Court Plaza and Subsequent Prosecution The plaintiff, Harold Hodge, Jr., is a citizen of Maryland and a full time-student at the College of Southern Maryland. Am. Compl. ¶ 5. According to the Amended Complaint, the plaintiff, on January 28, 2011, visited the Supreme Court plaza (“the plaza”) wearing a sign “approximately 3 feet long and 2 feet wide” that read: “The U.S. Gov. Allows Police To Illegally Murder and Brutalize African Americans And Hispanic People.” Am. Compl. ¶¶. 17-20. The plaintiff states that his purpose in standing on the plaza and wearing the sign “was to engage in expression on a political matter of public interest and importance and to raise public awareness about the adverse treatment of minorities by law enforcement.” Am. Compl. ¶ 18. According to the plaintiff, he “approached the Supreme Court building from the west ... and ... proceeded] up the steps leading up to the plaza in front of the Supreme Court building.” Am. Compl. ¶ 19. Once there, the plaintiff “stood quietly and peacefully upon the plaza area near the steps leading to the sidewalk in front of the Supreme Court Building, approximately 100 feet from the doors of the main entrance leading into the Supreme Court Building.” Am. Compl. ¶ 20. After standing there for a few minutes, the plaintiff was approached by an officer of the Supreme Court of the United States Police, who “informed Mr. Hodge that he was violating the law and ... told [him] to leave the plaza.” Am. Compl. ¶ 21. After the plaintiff was given three warnings, and refused to depart, the officer told the plaintiff “that he was under arrest for violating 40 U.S.C. § 6135.” Am. Compl. ¶¶ 22-23. The plaintiff “was told to place his hands behind his back, and he peacefully and without resistance complied with this request.” Am. Compl. ¶ 23. The plaintiff was “then handcuffed and taken to a holding cell within the Supreme Court building [and then] transported to U.S. Capitol Police Headquarters where he was booked and given a citation for violating 40 U.S.C. § 6135.” Am. Compl. ¶ 24. On February 4, 2011, the plaintiff was charged in an information filed in the Superior Court for the District of Columbia by the U.S. Attorney for the District of Columbia with violating 40 U.S.C. § 6135. Am. Compl. ¶ 25. The information alleged specifically that the plaintiff “ ‘did unlawfully parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to [sic] display in the Building and grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.’ ” Am. Compl. ¶ 25 (quoting Information). The plaintiff and the government reached an agreement, pursuant to which the charge under 40 U.S.C. § 6135 would be dropped if the plaintiff stayed away from the Supreme Court Building and grounds for six months. Am. Compl. ¶ 26. The plaintiff complied with the agreement, and, on September 14, 2011, the charge under 40 U.S.C. § 6135 was dismissed. Am. Compl. ¶ 27. B. The Instant Lawsuit On January 23, 2012, the plaintiff filed this lawsuit challenging the constitutionality of 40 U.S.C. § 6135. The plaintiff claims that he “desires to return to the plaza area ... and engage in peaceful,' non-disruptive political speech and expression in a similar manner to his activity on January 28, 2011.” Aon. Compl. ¶ 28. He also “desires to return to the plaza area in front of the Supreme Court budding and picket, hand out leaflets, sing, chant, and make speeches, either by himself or with a group of like-minded individuals.” Am. Compl. ¶29. Specifically, the plaintiff is interested in “conveying]” a “political message,” “directed both at the Supreme Court and the general public,” namely to “explain how decisions of the Supreme Court have allowed police misconduct and discrimination against racial minorities to continue.” Am. Compl. ¶29. He claims, however, that he is “deterred and chilled from doing so because of the terms of 40 U.S.C. § 6135 and his prior arrest on January 28, 2011 and subsequent prosecution for violating that statute.” Am. Compl. ¶ 30. The Court held argument on the pending motion on April 26, 2013, and, following that hearing, both parties, with the permission of the Court, supplemented their briefing regarding issues raised at the motions hearing. See Defs.’ Supplemental Brief (“Defs.’ Supplemental Br.”), ECF No. 19; Pl.’s Supplemental Opp’n to Defs.’ Mot. to Dismiss or in the Alternative for Summ. J. (“Pl.’s Supplemental Opp’n”), ECF No. 20. C. The Challenged Statute — 40 U.S.C. § 6135 The challenged statute, 40 U.S.C. § 6135, provides in full that: It is unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display in the Building and grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement. 40 U.S.C. § 6135. The statute is comprised of two clauses: first, the “Assemblages Clause,” which provides that “[i]t is unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds,” and, second, the “Display Clause,” which makes it unlawful “to display in the Building and grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.” 40 U.S.C. § 6135. The plaintiff was charged with violating both clauses of the statute. See Am. Compl. ¶ 25. The Court’s “Building and grounds” referenced in the statute include the Supreme Court Building as well as the grounds extending to the curbs of four streets, namely “the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street[,]” “the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast[,]” “the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street[,]” and “the north curb of East Capitol Street between First Street Northeast and Second Street Northeast[.]” 40 U.S.C. § 6101(b)(1). Violations of section 6135, which may be prosecuted in the United States District Court for the District of Columbia or the Superior Court of the District of Columbia, are subject to a fíne or imprisonment for “not more than 60 days, or both[,]” except if “public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years.” 40 U.S.C. § 6137(a)-(c). D. History of the Challenged Statute A review of the history of the challenged statute and the case law addressing its constitutionality is necessary to set the plaintiffs instant challenge in context. The statute was enacted in 1949 and originally codified at 40 U.S.C. § 13k. The bill introducing the statute was “patterned very largely after the law which authorized special guards to police the Capitol grounds.” S. Rep. No. 81-719, 1949 U.S.C.C.A.N. 1827, 1828 (1949). Thus, the Court first briefly examines the statute promulgated to govern the policing of the Capitol grounds, 40 U.S.C. § 193g. 1. Statute Governing Capitol Grounds, 40 U.S.C. § 193g From 1810 until 1935, the Supreme Court was housed in the United States Capitol Building. See Architect of the Capitol, Old Supreme Court Chamber, http://www.aoc.gov/capitol-buiIdings/oldsupreme-court-chamber (last visited June 10, 2013). During that period, in 1882, Congress enacted legislation “to regulate the use of the Capitol Grounds,” then including the Supreme Court, and “to prevent the occurrence near it of such disturbances as are incident to the ordinary use of public streets and places[.]” 22 Stat. 126 (1882); see also 13 Cong. Rec. 1949 (1882) (statement of Morrill) (stating that the bill to regulate the use of the Capitol Grounds was necessary because “[e]onstant damage is committed on the Capitol, pieces of the bronze doors are stolen, ink is strewed from the bottom to the top of the stairs, plants are stolen from the grounds in large numbers, shrubs and trees are injured” and “I believe there can be no objection to giving the police court some chance to prevent the constant mutilation of the Capitol and of the trees and shrubs and grounds around about it”). The legislation included, in section 6, essentially the same language that would, more than a half century later, appear in 40 U.S.C. § 6135 and its predecessor statute, 40 U.S.C. § 13k: Sec. 6. That it is forbidden to parade, stand, or move in processions or assemblages, or display any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. 22 Stat. 127 (1882) (hereinafter, “Capitol Grounds statute”). From 1882 until 1969, there were “several recodifications, and various changes in and additions to the surrounding statutory provisions relating to conduct upon the Capitol Grounds[,] [b]ut the absolute prohibition against all ‘processions or assemblages’ ... remained untouched.” Jeannette Rankin Brigade v. Chief of Capitol Police, 421 F.2d 1090; 1106 (D.C.Cir.1969) (“Jeannette Rankin Brigade I ”) (Bazelon, C.J., dissenting) (footnote omitted). This was “despite suggestions to the legislature that passing years and progressive developments in the protection of First Amendment freedoms may have sorely dated the statute.” Id. (citing Security of the Capitol Buildings: Hearing on S. 2310 Before the S. Sub-com/m. on Pub. Bldgs, and Grounds of the 5. Comm, on Pub. Works, 90th Cong., 1st Sess. at 9-10, 26 (1967)). In the 1960s and 1970s, this nearly century-old Capitol Grounds statute was subject to scrutiny both by the D.C. Court of Appeals, which imposed a limiting construction on the statute, and by a three judge panel of this Court, which found the statute unconstitutional, a holding summarily affirmed by the Supreme Court. Some discussion of those cases is necessary to provide context for this Court’s examination of 40 U.S.C. § 6135. In 1970, the D.C. Court of Appeals affirmed the judgment of the Chief Judge of what was then the D.C. Court of General Sessions, who imposed a limiting construction on the Capitol Grounds statute. In that case, the appellees, who refused to leave the East Capitol steps after being ordered to do so by the Capitol police, had moved to dismiss the charging informations on grounds that § 9-124 of the D.C. Code, or 40 U.S.C. § 193g, was unconstitutional. The trial court acknowledged “the overbroad scope of § 9 — 124[,]” but nevertheless found “sufficient basis in legislative and other materials” to limit its scope. United States v. Nicholson, 263 A.2d 56, 57 (D.C.1970). Specifically, the trial court ■limited the statute “to the imposition of criminal punishment for acts or conduct which interferes [sic] with the orderly processes of the Congress, or with the safety of individual legislators, staff members, visitors, or tourists, or their right to be free from intimidation, undue pressure, noise, or inconvenience.” Id. (internal quotation marks omitted). Limited in that manner, the trial court found the statute constitutional, while simultaneously concluding that the facts did not justify convictions based on this limited construction of the statute. Id. The D.C. Court of Appeals affirmed the dismissal of the in-formations for failure to state an offense. Id.; Jeannette Rankin Brigade v. Chief of Capitol Police, 342 F.Supp. 575, 580 (D.D.C.1972) (“Jeannette Rankin Brigade II”) (quoting the D.C. Court of General Sessions as further explaining that “[i]t is appropriate, therefore, under the statute, to bar or order from the Capitol, any group which is noisy, violent, armed, or disorderly in behavior, any group which has a purpose to interfere with the processes of Congress, any member of Congress, congressional employee, visitor or tourist; and any group which damages any part of the building, shrubbery, or plant life” (citation omitted)). Two years later, in 1972, a three judge panel of the District Court for the District of Columbia, including two D.C. Circuit judges, reviewed a complaint by a coalition of women against the Vietnam War, challenging the validity of the Capitol Grounds statute, 40 U.S.C. § 193g, under the First and Fifth Amendments. Jeannette Rankin Brigade II, 342 F.Supp. at 577-78. In that case, the defendants “assure[d]” the panel that, although they disagreed with the Nicholson interpretation of the statute, they had nonetheless adhered to that interpretation of the statute in enforcing it. Id. at 580. The panel refused to embrace the Nicholson limiting construction, however, nor the government’s argument that, inter alia, the statute should “not be read literally as forbidding all assemblages, but ...- should be taken as providing that there may be no assemblages larger than 15 in number[,]” id. at 586, and found the statute facially unconstitutional.- The panel concluded that “it is difficult to imagine a statute which could more plainly violate the principle that ‘First Amendment freedoms need breathing space to survive [and] government may regulate in the area only with narrow specificity.’ ” Id. at 585 (alteration in original) (quoting N.A.A.C.P. v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963)). The panel further expounded that “[w]hile some substantial governmental interests in the Capitol Grounds may warrant protection, none have been alleged which are sufficiently substantial to override the fundamental right to petition ‘in its classic form’ and to justify a blanket prohibition of all assemblies, no matter how peaceful and orderly, anywhere on the Capitol Grounds.” Id. The panel also noted the difficulties that the “flatly prohibitory language” of the statute posed for those enforcing the statute, stating that “[t]hey bear the burden of trying to enforce and sustain a statute which, however unremarkable it may have appeared to be in 1882 when-it was first enacted, fairly bristles with difficulties when it is sought to be enforced 90 years later.” Id. at 586. The panel in Jeannette Rankin Brigade II reflected that “[t]he local courts of the District of Columbia have ... felt unable to recognize [the constitutional propriety of the statute] without putting a substantial gloss upon Section 193g by an expansive interpretation of its terms,” but refused the invitation to adopt this construction or create a limiting construction of its own that could save the statute’s constitutionality. Jeannette Rankin Brigade II, 342 F.Supp. at 586. The panel also discussed failed attempts in 1967 by the U.S. Attorney for the District of Columbia “to warn the Congress that this statute was in trouble, and to make a proposal for its revision” to limit its scope. Id. Specifically, the panel highlighted the U.S. Attorney’s testimony before Congress that Section 193g “ ‘presents a problem,’ ” and his statement that “ ‘[t]he indications are that reasonable regulations even-handedly enforced as a regulatory measure over the area adjacent to a legislative assembly would be valid under recent Supreme Court decisions, but that is different from providing for an outright abolition without any regulatory steps.’ ” Id. at 586 n. 14 (quoting Security of the Capitol Buildings: Hearing on S. 2310 Before the S. Subcomm. on Pub. Bldgs, and Grounds of the S. Comm, on Pub. Works, 90th Cong., 1st Sess. at 10 (1967)). The government urged the Jeannette Rankin Brigade II panel to save the Capitol Grounds statute by adopting its own limiting construction of the statute. Id. at 586-87. The panel did not mince words in rejecting that proposal, however. While the panel was “not unsympathetic with the reasons which prompt the United States Attorney to ask us to rewrite a curiously inept and ill-conceived Congressional enactment, we think that is a function more appropriately to be performed by Congress itself.” Id. at 587. The Supreme Court summarily affirmed the panel’s decision later that year. See Chief of Capitol Police v. Jeannette Rankin Brigade, 409 U.S. 972, 972, 93 S.Ct. 311, 34 L.Ed.2d 236 (1972). 2. History of the Challenged Statute, 40 U.S.C. § 6135 As noted, the immediate predecessor to the challenged statute was 40 U.S.C. § 13k, which was introduced as part of a bill intended “to provide positive statutory authority for the policing of the Supreme Court Building and grounds, defining the exact territorial limits thereof, authorizing the appointment of special police, and defining their duties and powers.” S. Rep. No. 81-719, 1949 U.S.C.C.A.N. 1827, 1828 (1949). This legislation had become necessary because, although the Supreme Court had occupied its own building since 1935, from 1935 until 1948, the Supreme Court Building and grounds were policed under the authority of the District of Columbia’s government. Id. In 1948, however, the governing body of the District of Columbia, the Board of Commissioners, “can-celled] all special police commissions, including the ones for the guards for the Supreme Court Building” because of uncertainty over the authority the Commission could give to the police assigned to the Supreme Court. Id. This prompted introduction in Congress of legislation modeled after the statute governing the U.S. Capitol Building and grounds to govern the policing of the Supreme Court and grounds. Id.; H.R. Rep. No. 81-814, at 2 (1949) (noting that when the uncertainty over the authority of the Supreme Court guards was brought to the attention of the Chief Justice, “the Marshal was directed to have a bill prepared similar to the legislation providing for the Capitol Police, ‘To define the area of the United States Capitol Grounds, to regulate the use thereof and for other purposes[.]’ ” (citing 60 Stat. 718, ch. 707 (1946)). The legislation for the Supreme Court Building and grounds defined the territory covered and provided for regulations governing “[v]arious acts, such as sale of goods in the building, display of advertising, soliciting alms, injury to the building or grounds, discharging of firearms, making speeches, parading or picketing.” S. Rep. No. 81-719, 1949 U.S.C.C.A.N. 1827, 1828 (1949). The legislation, inter alia, authorized the Marshal of the Supreme Court “to restrict and regulate travel and occupancy of the building and adjacent grounds and to prescribe rules and regulations for the protection of said premises and the maintenance of order and decorum.” Id. The Senate Report accompanying the legislation noted that “[i]n keeping with the dignity which should surround the Supreme Court of the United States and the building and grounds which house it, the committee feel [sic] that this legislation should be enacted promptly.” Id. The House Report also noted the urgency of enacting the legislation, explaining that “[u]nless the authority requested in this bill is provided at this session of Congress, the guards of the Supreme Court will have no authority as special policemen to make arrests for offenses committed in the Supreme Court or grounds after November 1, 1949[,]” and noting that “[i]t is the belief of the Committee on the Judiciary that in keeping with the dignity of the highest Court in the land, provision should be made for the policing of its building and grounds similar to that which is made for the U.S. Capitol.” H.R. Rep. No. 81-814, at 2 (1949). Section 6 of the legislation contained the prohibition that would later be codified at 40 U.S.C. § 13k. The House Report accompanying the legislation summarized section 6, stating that it “prohibits parades or displaying of any flag or banner designed to bring into public notice any party, organization or movement[,]” and that the section was “based upon the law relating to the Capitol Buildings and Grounds.” H.R. Rep. No. 81-814, at 3 (1949). As enacted, 40 U.S.C. § 13k is nearly identical to the challenged statute, providing in full: It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. Pub. L. No. 81-250, § 6, 63 Stat. 616, 617 (1949) (codified at 40 U.S.C. § 13k). The statute was in the same form in 1981 when the D.C. Circuit considered the constitutionality of 40 U.S.C. § 13k in Grace v. Burger, 665 F.2d 1193 (D.C.Cir.1981) (hereinafter, “Grace I”), and found the statute unconstitutional on its face. In that case, two individuals, who were threatened with arrest while separately distributing leaflets and wearing a sign on the sidewalks surrounding the Supreme Court, filed a complaint “seeking a declaratory judgment that 40 U.S.C. § 13k is unconstitutional on its face, and a permanent injunction prohibiting the Supreme Court police from enforcing the statute.” Grace I, 665 F.2d at 1195. The D.C. Circuit considered the statute in its entirety and found the statute wholly “repugnant to the First Amendment of the Constitution.” Id. at 1194. Specifically, while the Circuit acknowledged that “public expression that has an intent to influence the administration of justice may be restricted,” id. (citing Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965) (“Cox II”)), it found that Congress had already achieved that result in a “more narrowly drawn statute,” id., namely 18 U.S.C. § 1507, enacted in 1950 as part of the Subversive Activities Control Act of 1950, Title I, Pub. L. No. 81-831, § 31(a), 64 Stat. 987, 1018 (1950). That statute provided in full: Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined not more than $5,000 or imprisoned not more than one year, or both. 18 U.S.C. § 1507 (1976) (quoted in Grace I, 665 F.2d at 1203). As Justice Clark explained in Cox II, 18 U.S.C. § 1507 was “written by members of [the Supreme Court] after disturbances ... occurred at buildings housing federal courts.” Cox II, 379 U.S. at 585, 85 S.Ct. 476 (Clark, J„ concurring and dissenting). In Grace I, the D.C. Circuit compared the total ban on expressive activity set out in 40 U.S.C. § 13k unfavorably to the more narrowly drawn provision in 18 U.S.C. § 1507. See Grace I, 665 F.2d at 1203. Specifically, the Court explained that 18 U.S.C. § 1507 “prohibits expressive conduct on the Supreme Court grounds designed to influence Supreme Court Justices or to interfere with the administration of justice[,]” and concluded that it was “unable to find any other significant governmental interest to justify the absolute prohibition of all expressive conduct contained in section 13k[.]” Id. at 1194, 1203. The D.C. Circuit therefore rejected the government’s argument that the total ban on expressive conduct was necessary “to maintain the dignity and decorum of the Supreme Court.” Id. at 1203. While the Circuit acknowledged that “it would appear that this is the sole justification of the statute advanced in the legislative history” for 40 U.S.C. § 13k, the Circuit “[did] not believe that this concern alone is sufficient to justify the absolute prohibition of free expression contained in this statute.” Grace I, 665 F.2d at 1203; see also id. at 1203 n. 18 (citing, e.g., 95 Cong. Rec. 8962 (1949) (statement of Rep. Celler) (“(All) this bill does ... is to apply the same rules to the Supreme Court building and its adjoining grounds as are now applicable to the Capitol itself-no more and no less.”); id. at 1204 (“[E]ven if the asserted interest [in the ‘peace’ and ‘decorum’ of the Supreme Court] is legitimate by itself, it cannot justify the total ban at issue here.”). Thus, the D.C. Circuit found the statute “unconstitutional and void.” Id. at 1194. In its decision, the D.C. Circuit analogized the challenged statute with the “similarly worded” statute governing the policing of the Capitol Building and grounds. The Circuit pointed out that the three judge panel in Jeannette Rankin Brigade II, 342 F.Supp. at 585, had “unequivocally stated, ‘[the] desire of Congress, if such there be, to function in the ‘serenity’ of a ‘park-like setting’ is fundamentally at odds with the principles of the First Amendment.’ ” Grace I, 665 F.2d at 1204 (quoting Jeannette Rankin Brigade II, 342 F.Supp. at 585). Acknowledging the different institutions that were the focus of the Capitol Grounds statute and the precursor to the challenged statute, the Circuit nevertheless found the constitutional infirmity the same, explaining that, “while the Capitol and Supreme Court buildings house different government entities, justifying different restrictions on free expression, ... an interest in ‘the glorification of a form of government through visual enhancement of its public buildings’ can no more justify an absolute prohibition of free expression on the Supreme Court grounds than on the grounds of the United States Capitol.” Id. (no citation provided). The Circuit further explained that: The sight of a sole picketer may indeed mar an otherwise pristine morning or perfectly centered snapshot. However, it is just that annoyance — if such be the case — that may cause bystanders or passerby to stop and take notice, to become aware of an issue, to formulate a response to a companion. This awareness and interchange is, in part, precisely what the First Amendment is designed to protect. Id. The Circuit went so far as to emphasize that “we believe that it would be tragic if the grounds of the Supreme Court, unquestionably the greatest protector of First Amendment rights, stood as an island of silence in which those rights could never be exercised in any form.” Id. at 1205. While noting a preference “to adopt a narrowing construction of the statute in order to avoid a holding that section 13k is unconstitutional,” the Circuit nevertheless concluded that a “validating construction is simply impossible here” where the legislative history is “slim” and “suggests only the desire on the part of Congress to surround the Court with the same cordon of silence that Congress attempted to place around the Capitol,” a measure found unconstitutional. Id. at 1205-06. Following the D.C. Circuit’s clear rejection as facially unconstitutional of the precursor to the challenged statute, the Supreme Court took a narrower approach to its review of the statute. By contrast to the D.C. Circuit, which held the entire statute unconstitutional, the Supreme Court limited its review to the Display Clause as the plaintiffs were threatened with arrest only for violation of that clause. United States v. Grace, 461 U.S. 171, 175, 103 S.Ct. 1702, 75 L.Ed.2d 736 (1983) (hereinafter, “Grace II”). Upon review of the statute and its legislative history, the Supreme Court concluded that “it is fair to say that the purpose of the Act was to provide for the protection of the building and grounds and of the persons and property therein, as well as the maintenance of proper order and decorum” and that, in particular, section 6, codified at 40 U.S.C. § 13k, “was one of the provisions apparently designed for these purposes.” Id. at 182, 103 S.Ct. 1702 (noting that “[a]t least, no special reason was stated for [the] enactment” of 40 U.S.C. § 13k). The Supreme Court echoed the D.C. Circuit’s decision in part, however, and expressed the view that, while “[w]e do not denigrate the necessity to protect persons and property or to maintain proper order and decorum within the Supreme Court grounds, ... we do question whether a total ban on carrying a flag, banner, or device on the public sidewalks substantially serves these purposes.” Id. Indeed, finding that “[a] total ban on that conduct is no more necessary for the maintenance of peace and tranquility on the public sidewalks surrounding the building than on any other sidewalks in the city[,]” the Supreme Court found the Display Clause unconstitutional as applied to the public sidewalks surrounding the Supreme Court. Id. at 182-84, 103 S.Ct. 1702 (explaining that “this is not to say that those sidewalks, like other sidewalks, are not subject to reasonable time, place, and manner restrictions, either by statute or by regulations”). The Supreme Court thus “affirmed” the judgment of the D.C. Circuit “to the extent indicated by [its] opinion” with respect to the Display Clause as applied to the sidewalks surrounding the Court, and “otherwise vacated” the D.C. Circuit’s decision without reaching the broader questions of the facial constitutionality of the Display Clause or the statute as a whole. Id. at 184, 103 S.Ct. 1702. Justice Marshall concurred in part and dissented in part with this decision, finding the Display Clause of 40 U.S.C. § 13k “plainly unconstitutional on its face” and asserting that he “would not leave visitors to this Court subject to the continuing threat of imprisonment if they dare to exercise their First Amendment rights once inside the sidewalk.” Grace II, 461 U.S. at 185, 188, 103 S.Ct. 1702 (Marshall, J., concurring in part and dissenting in part) (emphasis and footnote omitted). More clearly aligning with the D.C. Circuit’s decision, Justice Marshall concluded that it “is not a reasonable regulation of time, place, and manner for it applies at all times, covers the entire premises, and, as interpreted by the Court, proscribes even the handing out of a leaflet and, presumably, the wearing of a campaign button as well.” Id. at 185-86, 103 S.Ct. 1702 (citations omitted). Justice Marshall would thus have found the Display Clause of the statute unconstitutional “[s]ince the continuing existence of the statute will inevitably have a chilling effect on freedom of expression, there is no virtue in deciding its constitutionality on a piecemeal basis.” Id. at 184, 103 S.Ct. 1702; see also id. at 187, 103 S.Ct. 1702 (noting that the Supreme Court has “repeatedly recognized that a statute which sweeps within its ambit a broad range of expression protected by the First Amendment should be struck down on its face”); id. at 188, 103 S.Ct. 1702 (“As Justice Brennan stated in his opinion for the Court in [NAACP v. Button ], First Amendment freedoms ‘are delicate and vulnerable’ and ‘[the] threat of sanctions may deter their exercise almost as potently as the actual application of sanctions.’ ” (quoting NAACP v. Button, 371 U.S. 415, 433, 83 S.Ct. 328, 9 L.Ed.2d 405 (1963) (emphasis omitted)). Following the Supreme Court’s decision in Grace II, the statute was recodified in 2002 at 40 U.S.C. § 6135 with only minor stylistic changes as part of the revision of Title 40 of the United States Code. See Pub. L. No. 107-217, § 1, 116 Stat. 1183 (2002); H.R. Rep. No. 107-479, at 1-3, reprinted at 2002 U.S.C.C.A.N. 827, 828-29 (“Although changes are made in language, no substantive changes in the law are made.”); Defs.’ Mem. in Supp. of Defs.’ Mot. to Dismiss or in the Alternative, for Summ. J., ECF No. 14 (“Defs.’ Mem.”), at 5 n.l. After 2004, prosecutions under the statute may occur in the District Court for the District of Columbia in addition to the Superior Court of the District of Columbia, where any prosecutions before 2004 took place. See 40 U.S.C. § 6137(b); Declaration of Timothy Dolan (“Dolan Decl.”), ECF No. 14-1, ¶ 8. 3. The District of Columbia Court of Appeals’ Limiting Construction of the Assemblages Clause and Upholding of the Challenged Statute The Supreme Court’s decision in Grace II focused only on the constitutionality of the Display Clause in 40 U.S.C. § 13k as applied to the sidewalks surrounding the Supreme Court’s grounds, but left unresolved the facial constitutionality of the Display Clause and Assemblages Clause. In a series of subsequent cases, the D.C. Court of Appeals has examined both the Assemblages Clause and the Display Clause of 40 U.S.C. § 13k, and its successor, 40 U.S.C. § 6135, and found both clauses to be constitutional. A review of the decisions, which are not binding on this Court, underscores the extent to which the local courts have straggled to save the challenged statute from constitutional challenge. As with the Capitol Grounds statute, “[t]he local courts of the District of Columbia have ... felt unable to recognize [the constitutional propriety of the statute] without putting a substantial gloss upon [the statute] by an expansive interpretation of its terms.” Jeannette Rankin Brigade II, 342 F.Supp. at 585. At the outset, the government acknowledges, and the D.C. Court of Appeals “recognized[,]” that “the literal language of section 6135 may be read to prohibit any type of group activity on the Court grounds, including congregation on the plaza by groups of tourist[s], or even by Court employees.” Defs.’ Mem. at 7 (emphasis added). Rather than declare the statute, or at least the Assemblages Clause, unconstitutional, however, the D.C. Court of Appeals instead imposed a limiting construction upon the Assemblages Clause to “save it from any possible constitutional challenge.” Id. Thus, the D.C. Court of Appeals has found the clause constitutional in challenges brought over the last two decades only by adopting a limiting construction of the Assemblages Clause. Notably, in these decisions, the D.C. Court of Appeals has not grappled with the panel decision in Jeannette Rankin Brigade II regarding the ineffectiveness of a limiting construction to cure the constitutional defects in the closely analogous Capitol Grounds statute, 40 U.S.C. § 193g, nor the D.C. Circuit’s similar discussion in Grace I regarding 40 U.S.C. § 13k. By contrast to the Assemblages Clause, the local courts have not expressly adopted a limiting construction of the Display Clause. Yet, the local courts’ opinions examining the Display Clause follow a long line of cases upholding the constitutionality of the Assemblages Clause, and the statute, because of the limiting construction of the Assemblages Clause. Indeed, while not binding on this Court, the government urges this Court to accept the D.C. Court of Appeals’ limiting construction of the Assemblages Clause before undertaking its constitutional analysis of the statute. See, e.g., Defs.’ Mem. at 20-21 (arguing that “[b]ecause there have never been any prosecutions under the statute in federal court, this is, for all practical purposes, the definitive judicial construction of the statute” and asserting that “the District of Columbia courts have had no difficulty in determining that, limited in this way, the statute is not overly broad because it only prohibits the types of activity that are consistent with the legitimate interests it is intended to address” (citation omitted)). This Court thus briefly reviews how the local D.C. courts have construed and limited this statute. The Court first addresses the Assemblages Clause cases. In United States v. Wall, 521 A.2d 1140, 1142 (D.C.1987), the D.C. Court of Appeals reversed a decision by the trial court that, while Wall’s conduct violated 40 U.S.C. § 13k, the application of that statute to his activity would be unconstitutional because the plaza area and main steps of the Supreme Court are public fora “available for the free expression of ideas under the [Fjirst [Ajmendment, so long as the Supreme Court is not in session.” The D.C. Court of Appeals, while not determining whether the Supreme Court plaza and main entrance steps of the Supreme Court were public or nonpublic fora, found that the Assemblages Clause was both reasonable and viewpoint neutral, and thus constitutional, if the plaza and main entrance steps of the Supreme Court were considered nonpublic fora. Id. at 1142, 1144. In addition, the D.C. Court of Appeals concluded this clause was a reasonable time, place, and manner restriction, and thus constitutional, if those areas were considered public fora. Id. In doing so, the court concluded that the Assemblages Clause was not over-broad, and, in fact, was “narrowly drawn to serve” the “ ‘significant’ governmental interests” articulated by the government in that ease — namely (1) “to permit the unimpeded access and egress of litigants and visitors to the Court,” and (2) “to preserve the appearance of the Court as a body not swayed by external influence.” Id. at 1144-45. The court found that these interests were reflected in the statute’s provisions and legislative history, which suggested that the purpose of the statute “was to provide for the protection of the building and grounds of the Supreme Court, and of persons and property therein, as well as to maintain proper order and decorum.” Id. at 1144 n. 6 (citing Grace II, 461 U.S. at 182, 103 S.Ct. 1702). But see id. at 1145 (Ferren, J., concurring) (agreeing that the Assemblages Clause “is not unconstitutional” if the plaza and main entrance steps are considered a nonpublic forum, but “not prepared to say that the blanket prohibition against processions or assemblages ... amounts to ‘reasonable time, place and manner regulations’ that ‘are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication’ ” if the plaza and steps are considered a public forum (quoting Grace II, 461 U.S. at 177, 103 S.Ct. 1702)). The D.C. Court of Appeals next examined the Assemblages Clause in Pearson v. United States, 581 A.2d 347 (D.C.1990). There, the court considered whether, as the appellants contended, recent Supreme Court precedent following Wall — namely Ward v. Rock Against Racism, 491 U.S. 781, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989), Frisby v. Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988), and Boos v. Barry, 485 U.S. 312, 108 S.Ct. 1157, 99 L.Ed.2d 333 (1988) — meant that section 13k (as well as a separate, related regulation) were “far broader than necessary to achieve any legitimate governmental objectives and consequently fail to meet the narrowly tailored standard.” Pearson, 581 A.2d at 351 (internal quotation marks omitted). The Pearson court concluded that none of these intervening cases altered the court’s analysis regarding the constitutionality of the Assemblages Clause. See id. at 354-55. The court acknowledged, in response to the appellants’ overbreadth claim, that “[s]uch an absolute ban on any group activity is not supported by the government’s legitimate and important interests in protecting the integrity of the Court, preventing the appearance of judicial bias, and safeguarding the Court grounds and personnel.” Id. at 356-57 (footnotes omitted). Nevertheless, the court confirmed that the Assemblages Clause is, as the Pearson trial court and the Wall court had found, “susceptible to a narrowing construction, confining the scope of the clause to protection of ‘the [Supreme Court] building and grounds and of persons and property within, as well as the maintenance of proper order and decorum,’ and ‘to preserve the appearance of the Court as a body not swayed by external influence.’ ” Id. at 357 (internal citation omitted) (quoting Grace II, 461 U.S. at 182-83, 103 S.Ct. 1702; Wall, 521 A.2d at 1144); see also id. at 358 (noting that “there is no requirement that a limiting construction must be derived from the express language of the statute, merely that the statute itself be susceptible to the narrowing construction”). With that hmiting construction, the court concluded that the statute could withstand the appellants’ overbreadth challenge. Id. at 358-59. Following Pearson, the D.C. Court of Appeals again examined the Assemblages Clause, holding expressly in Bonowitz v. United States, 741 A.2d 18, 22 (D.C.1999), that “the Supreme Court plaza is a nonpublic forum” because of the Supreme Court’s “selective process of allowing only certain classes of speakers access to the plaza and requiring individual members of these classes to obtain advance permission!;.]” Relying on' the “two primary purposes” of section 13k, as articulated in Wall — “to permit the unimpeded access and egress of litigants and visitors to the Court, and to preserve the appearance of the Court as a body not swayed by external influence,” id. at 23, — the Court of Appeals again found that “‘13k’s prohibition on processions and assemblages in the plaza area and main entrance steps of the Supreme Court is reasonable’ ” and viewpoint neutral. Id. (quoting Wall, 521 A.2d at 1144). Furthermore, relying on Pearson’s limiting construction of the Assemblages Clause, the Court of Appeals rejected the appellants’ argument that the statute was unconstitutionally vague. See id. The D.C. Court of Appeals, as noted, has also addressed the Display Clause. In Potts v. United States, 919 A.2d 1127 (D.C.2007), for example, without relying on the limiting construction used to save the Assemblages Clause from unconstitutionality, the D.C. Court of Appeals found the Display Clause constitutional on its face and as applied to the appellants, who were part of a small group of protestors at the Supreme Court plaza. The court also, inter alia, rejected the appellants’ claim that the Display Clause was unconstitutionally vague, explaining that “[t]he Supreme Court’s decision in Grace, coupled with the plain text of the statute, makes it clear that protestors may not demonstrate on the Supreme Court steps and plaza.” Id. at 1130. Even more recently, in Lawler v. United States, 10 A.3d 122, 126 (D.C.2010), the D.C. Court of Appeals affirmed convictions under the Display Clause, noting that “[ajppellants’ actions here, in displaying a large banner to convey the message that the death penalty should be abolished, clearly fell within the reach of the statute.” Finally, in Kinane v. United States, 12 A.3d 23 (D.C.2011), cert. denied, — U.S. -, 132 S.Ct. 574, 181 L.Ed.2d 424 (2011), the D.C. Court of Appeals affirmed the conviction under the Display Clause of appellants demonstrating on the plaza and within the Supreme Court building regarding Guantanamo detainees and construed the statute as “prohibiting] expression such as picketing, leafleting, and wearing t-shirts with protest slogans because such expression is ‘designed ... to bring into public notice [a] party, organization, or movement^]’” Kinane, 12 A.3d at 27 (quoting Potts, 919 A.2d at 1130). As this discussion reveals, the D.C. courts have for decades affirmed convictions under the challenged statute but without delving deeper into constitutional analysis than did the decisions in Wall and Pearson. Rather, later D.C. decisions have simply followed in line with Wall and Pearson in upholding the statute from constitutional challenge. Yet, those earlier decisions, as noted, failed to engage fully with the reasoning of the D.C. Circuit’s decision in Grace I, which, even if vacated in part, provided a persuasive analysis. They likewise failed to grapple at any length with the panel’s decision in Jeannette Rankin Brigade II, and the fate of the closely analogous Capitol Grounds statute. 4. Challenges to Related Regulations in this Jurisdiction Other restrictions related to the Supreme Court Building and grounds have also been subject to constitutional scrutiny in this jurisdiction. In 2000, in Mahoney v. Lewis, a district court rejected plaintiffs’ challenge to the constitutionality of Regulation Six, promulgated by the Marshal of the Supreme Court, pursuant to 40 U.S.C. § 131. See Mahoney v. Lewis, No. 00-1325, 2000 U.S. Dist. LEXIS 10348 (D.D.C. June 23, 2000), aff'd, No. 00-5341, 2001 U.S.App. LEXIS 4014 (D.C.Cir. Feb. 23, 2001). This regulation sets forth restrictions on the size, composition, and number of signs used to protest and picket outside of the Supreme Court. The court granted summary judgment for the defendant, finding, inter alia, that Regulation Six was (1) content neutral, (2) narrowly tailored to serve significant government interests, and that, it (3) left open ample alternative means of communication. See Mahoney, 2000 U.S. Dist. LEXIS 10348, at *11-22. In finding the statute constitutional under the First Amendment, the district court notably emphasized that Regulation Six does not “ban speech entirely,” id. at *12, but instead constitutes a valid time, place, and manner regulation. While the court asserts broadly that “[ajnyone can protest or picket outside the Supreme Court as long as their signs conform to the requirements of Regulation Six[,]” id. at *12 (emphasis added), the decision appears to focus only on signage displayed on public sidewalks surrounding the Supreme Court, see id. (“According to Marshal Bosley’s testimony, he enacted Regulation Six because[,]” inter alia, “he determined that excessively large signs erected on the Supreme Court sidewalks threaten the safety and security of Court personnel, visitors, demonstrators and pedestrians using the sidewalk.”); id. at *17 (noting that “Regulation Six serves several significant and judicially recognized governmental interests[,]” including “protecting the safety and security of Court personnel, visitors, demonstrators, and pedestrians using the sidewalk, ensuring access and the appearance of access to the Court, allowing passersby and visitors to the Court an unobstructed view of the Court building and maintaining suitable order and decorum within the grounds of the Supreme Court”); id. at *20 (noting that the requirement “that the regulation leave open ample alternative channels of communication, is easily met here” because “Plaintiffs may still protest on the sidewalks of the Supreme Court at the time that they prefer, with signs”). Thus, that decision, while similarly related to the display of signage “outside the Supreme Court,” did not reference nor contemplate the broader ban on displays of signage, of any size, number, or composition, enshrined in the challenged statute as related to the Supreme Court plaza. E. The Supreme Court Plaza Today 1. Description of the Supreme Court Plaza The plaintiffs challenge relates to enforcement of 40 U.S.C. § 6135 on the plaza area outside of the Supreme Court building. Thus, a brief description of the plaza is necessary. The Supreme Court plaza is oval in shape and approximately 252 feet in length from North to South at the largest part of the oval, and approximately 98 feet from East to West from the sidewalk to the steps leading up to the front entrance of the Supreme Court building. See Am. Compl. ¶ 11; PL’s Ex. 5, ECF No. 18-5, at 1-2 (“The Court Building” from the Supreme Court website, available at http://www.supremecourt.gov/about/ courtbuilding.aspx); Defs.’ Statement of Material Facts Not in Dispute (“Defs.’ Facts”), ECF No. 23, ¶¶ 1-2; Dolan Decl. at ¶¶2, 6; id. at 5 (drawing of Supreme Court grounds, including plaza). The marble plaza “is separated from the sidewalk between First Street, N.E., and the Supreme Court building grounds by a few small steps which lead up about 3 feet to the plaza.” Am. Compl. ¶ 11; see Dolan Decl. ¶ 6. “While the perimeter sidewalks are made of concrete, the plaza is made of marble and is visually distinct from the sidewalk.” Defs.’ Facts ¶ 3; see Dolan Decl. ¶ 6. Specifically, the declaration of Timothy Dolan, Deputy Chief of the Supreme Court of the United States Police, states that “[t]he plaza is set off from the front sidewalk by a set of eight steps, and a marble wall separates it from the natural space on the North and South sides of the plaza.” Dolan Decl. ¶ 6. “Flanking these steps is a pair of marble candelabra with carved panels on their square bases depicting: Justice, holding sword and scales, and The Three Fates, weaving the thread of life.” PL’s Ex. 5 at 2. “On either side of the plaza are fountains, flagpoles, and benches.” Id. “The plaza ends with a second set of steps, with thirty-six more steps leading to the main entrance of the Supreme Court.” Kinane, 12 A.3d at 25 n. 1. The plaza is “open to the public 24 hours a day, except under special circumstances when it is closed by the Marshal,” and “[t]he public is free to enter and leave the Supreme Court plaza at all hours.” Am. Compl. ¶ 13. Besides its function as a working office building for the Justices of the Supreme Court, and their staff, as well as other Court employees, the Supreme Court attracts numerous tourists, and, in 2011, for example, was host to 340,000 visitors. Dolan Decl. ¶2. There is “no gate” or “fence” separating the plaza from other parts of the Supreme Court grounds, Am. Compl. ¶ 14, which “include the area within the curbs of the four streets surrounding the Court, i.e., First Street, N.E.; Maryland Avenue, N.E.; Second Street, N.E.; and East Capitol Street,” Dolan Decl. ■ ¶ 3 (citing 40 U.S.C. § 6101(b)). 2. Types of Activities Permitted on Supreme Court Plaza Pursuant to 40 U.S.C. § 6121, the Marshal of the Supreme Court and the Supreme Court Police have the authority, inter alia, “to police the Supreme Court Building and grounds and adjacent streets to protect individuals and property” and “to protect — (A) the Chief Justice, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and (B) any officer or employee of the Supreme Court while that officer or employee is performing official duties[.]” Under the authority of 40 U.S.C. § 6135, as limited by case law, the Supreme Court Police have distinguished between the types of activities permitted on the plaza and those permitted on the surrounding sidewalks. Specifically, “demonstrations or other types of expressive activity” on the plaza that are deemed violative of the challenged statute are not permitted. Defs.’ Facts ¶¶ 5-6; Dolan Decl. ¶ 7. While the plaintiff states that the “Supreme Court plaza has historically been used for First Amendment activities,” Am. Compl. ¶ 12, the Deputy Chief of the Supreme Court Police disputes this characterization and explains that “some form of expressive activity is allowed on the Supreme Court plaza” only in “two very limited circumstances.” Dolan Decl. ¶ 9. These two circumstances are where: (1) “the Court allows attorneys and parties in cases that have been argued to address the media on the plaza immediately following argument[,]” which “typically occurs for less than one hour, and only on the approximately 40 days each year when the Court hears oral arguments” and (2) “the Court on very limited occasion allows commercial or professional filming on the plaza[,]” in which case “[s]uch filming must be approved by the Court’s Public Information Officer, the project in question must relate to the Court, and substantial filming projects are typically authorized only on weekends or after working hours.” Dolan Decl. ¶ 9. If the Supreme Court Police determine that individuals or groups are in violation of section 6135, the police “inform them of the violation and of the fact that they will be arrested if they do not discontinue their conduct or leave the plaza.” Defs.’ Facts ¶ 7; Dolan Decl. ¶ 7. The Deputy Chief of the Supreme Court Police explains that “[tjypically, multiple warnings are given to ensure that the individuals understand that their conduct is illegal and have the opportunity to conform their conduct to the law.” Dolan Decl. ¶ 7; Defs.’ Facts ¶ 7. The Supreme Court Police “have employed substantially this same practice” over the last twenty-five years. Dolan Decl. ¶ 7. Sidewalks surrounding the Supreme Court grounds do not fall within these limitations, because the Supreme Court has held that the Supreme Court’s perimeter sidewalks are a public forum and that section 6135’s restrictions “are unconstitutional as applied to those sidewalks.” Dolan Decl. ¶ 5 (citing Grace II, 461 U.S. 171, 103 S.Ct. 1702). Accordingly, the Supreme Court Police “do not enforce section 6135 on the perimeter sidewalks[,]” and “[vjarious forms of demonstrations and protest regularly occur on the perimeter sidewalk directly in front of the Court.” Dolan Decl. ¶ 5; Defs.’ Facts ¶ 4. If the Supreme Court Police are in contact “with representatives of organizations planning to protest at the Court, those individuals are typically informed that they have the right to demonstrate on the sidewalk, but not elsewhere at the Court.” Dolan Decl. ¶ 5. > It is against this backdrop, where the challenged statute and its precursors have already been subject to extensive scrutiny and notable disfavor, that the plaintiff brings his constitutional challenge. II. LEGAL STANDARD Since the Court relies on materials outside the pleadings to resolve the plaintiffs claim, the Court applies the standard for summary judgment. Specifically, the Court has relied upon Deputy Chief Dolan’s declaration describing the Supreme Court plaza and the enforcement policies and practices of the Supreme Court police in connection with the challenged statute. Federal Rule of Civil Procedure 56 provides that summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The burden is on the moving party to demonstrate that there is an “absence of a genuine issue of material fact” in dispute. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In ruling on a motion for summary judgment, the Court must draw all justifiable inferences in favor of the nonmoving party and shall accept the nonmoving party’s evidence as true. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Estate of Parsons v. Palestinian Auth., 651 F.3d 118, 123 (D.C.Cir.2011); Tao v. Freeh, 27 F.3d 635, 638 (D.C.Cir.1994). The Court is only required to consider the materials explicitly cited by the parties, but may on its own accord consider “other materials in the record.” Fed. R.CivP. 56(c)(3). For a factual dispute to be “genuine,” Estate of Parsons, 651 F.3d at 123, the nonmoving party must establish more than “[t]he mere existence of a scintilla of evidence” in support of its position, Anderson, 477 U.S. at 252, 106 S.Ct. 2505, and cannot simply rely on allegations or conelusory statements, see Greene v. Dalton, 164 F.3d 671, 675 (D.C.Cir.1999). Rather, the nonmoving party must present specific facts that would enable a reasonable jury to find in its favor. See Anderson, 477 U.S. at 250, 106 S.Ct. 2505. “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Id. at 249-50, 106 S.Ct. 2505 (citations omitted). While the only pending motion was filed by the defendants, and there is no pending motion filed by the plaintiff, since there are no genuine issues of material fact, and the defendant believes the record before the Court is “adequate” for this Court to resolve a facial challenge, see Tr. at 50-51 (“This is a facial challenge, and the record before the [Cjourt is adequate.... [W]e don’t need discovery.”), the Court shall exercise its authority to resolve this matter on the defendants’ motion. See Fed. R.CrvP. 56(f) (“After giving notice and a reasonable time to respond, the court may: (1) grant summary judgment for a nonmovant”). Pursuant to Federal Rule of Civil Procedure 56(f), the Court provided the parties notice and a reasonable time to respond as to “why the Court should not grant summary judgment to the nonmoving plaintiff, who has not moved for summary judgment, under Federal Rule of Civil Procedure 56(f) if there is no genuine dispute of fact on a given claim.” Minute Order (May 22, 2013). As the plaintiff indicates correctly, the defendants have previously “argued that the record is ‘adequate’ and [have] pointed to no adjudicative facts that are in dispute.” Pl.’s Resp. to Defs.’ Resp. to the Court’s Order to Show Cause, ECF No. 24 (“Pl.’s Resp.”), at 5-6. The Court therefore concludes that resolving this matter on the defendants’ motion and granting the nonmoving plaintiff summary judgment is appropriate. III. DISCUSSION The plaintiff challenges 40 U.S.C. § 6135 both on its face and as applied. In his Amended Complaint, he raises five claims. Specifically, he claims that both the Assemblages Clause and Display Clause of the statute (1) are facially unconstitutional under the First Amendment (Count I), (2) are overbroad and violate the First and Fifth Amendments (Count II), and (3) are unconstitutional under the First and Fifth Amendments because they are void for vagueness (Count III). The plaintiff also claims that the Display Clause of the statute is unconstitutional (4) under the First Amendment, because, as applied, it “discriminates in favor of corporate speech and against political speech,” and “discriminates in favor of speech supportive of the United States government and the Supreme Court and against speech critical of the United States government and the Supreme Court,” (Count IV), and (5) under the Fifth Amendment because, as applied, “it discriminates in favor of [the] United States government, litigants before the Supreme Court, and their attorneys, as speakers, and against private citizens as speakers.” (Count V). Am. Compl. at 8-9. In moving to dismiss the claim or, in the alternative, for summary judgment, the defendants argue, inter alia, that because the Supreme Court plaza is a “nonpublic forum” under First Amendment forum analysis, restrictions on speech activity must only be “reasonable and content-neutral,” criteria the statute easily satisfies under the limiting construction adopted by the D.C. Court of Appeals in Pearson v. United States, 581 A.2d 347 (D.C.1990). See Defs.’ Mem. at 1, 17-29. For the reasons explained below, the Court disagrees, rejects the defendants’ invitation to accept the D.C. Court of Appeals’ limiting construction, or to create its own, and finds the statute unconstitutional as unreasonable and overbroad under the First Amendment, and void. The Court addresses below (1) the scope of the plaintiffs challenge to, and this Court’s review of, the statute, (2) a forum analysis of the Supreme Court plaza, and (3) the other considerations — namely, that the statute is substantially overbroad and not susceptible to a limiting construction — that ultima