Citations
- 151 F. Supp. 3d 31
Full opinion text
MEMORANDUM OPINION
CHRISTOPHER R. COOPER, United States District Judge
As James Madison observed long ago, “no language is so- copious as to supply words and phrases for every complex idea, or so correct as not to include many equivocally denoting different ideas.” The Federalist No. 47, at 225 (James Madison) (C. Rossiter ed., 1963). Legislatures at all levels have powerfully confirmed Madison’s insight. Yet even if some imprecision must be tolerated in the vast web of statutes that govern our daily lives, the criminal law must be sufficiently definite to provide fair notice to those it would punish on society’s behalf and to cabin the discretion of its appointed peacekeepers and factfinders. The question before the Court is whether a law prohibiting three separate forms of speech in the Supreme Court of the .United States fulfills these important constitutional requirements.
The defendants are five individuals who stood up and spoke out at the beginning of a Supreme Court argument session last Term. They were charged with uttering “loud” language and making a “harangue” or “oration” in the Supreme Court building, all in violation of 18 U.S.C. § 6134. Defendants have moved to dismiss that count of the criminal information filed against them, challenging each of the above terms as unconstitutionally vague in all of their applications. With respect to “harangue” and “oration,” the Court agrees — a prosecution under this language would violate the Due Process Clause. The word "harangue” is not Only anachronistic; its meanings are too imprecise and varied to clearly delineate the prohibited conduct. The word “oration,” while more common in modern parlance, suffers from similar definitional ambiguity. Read in isolation, the statute’s prohibition of “loud” utterances also ’ poses vagueness concerns. But because the term “loud” can be fairly construed as banning only those. utterances that disturb or tend to disturb the normal operations of the U.S. Supreme Court, the Court will permit Defendants’ prosecution based on that'limiting construction,
I. Background
A. The April 1, 2015 Incident
Defendants David' Bronstein, Matthew Kresling, Yasmina Mrabet, Belinda Rodriguez, and Richard Saffle arrived at the Supreme Court on the morning of April 1, 2015 to attend an oral-argument session. They passed through an initial security checkpoint, entered the Upper Great Hall, cleared security again, and took their places"- inside the courtroom.' Supreme Court police officers stood at designated posts throughout the courtroom. After a buzzer indicated that proceedings ’would begin in five minutes, Officer Dunford recited the following message to all assembled:
Welcome , to the Supreme Court of the United-States. During today’s oral arguments it is important that you remain seated and silent. When the first case breaks, please remain silent. If you are remaining for the second case, remain seated. If you are leaving, silently, exit the Courtroom. ... Please alert one of the police officers if you observe anything suspicious, and in the event of an emergency, please remain calm and follow the directions of a police officer. Thank you.
Govt.’s Opp’n • Defs.’ Mot. Dismiss 3 (“Opp’n”). The buzzer sounded again at 10:00' a.m. The Supreme Court Marshal struck a gavel to inaugurate the day’s proceedings, and three police officers standing in front of the public seating, area motioned upward to implore visitors to stand. As the Justices took the bench, the^Supreme Court Marshal intoned a familiar greeting: "
The Honorable, the Chief Justice, and the Associate Justices of the Supreme Court of the United. States.. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court.
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Id. The Marshal then gaveled audience members to their seats, and the police officers motioned downward to indicate that visitors should sit for the remainder of the argument session. By 10:02.