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BOOS – Appellant
Versus
BARRY, (1988) – Respondent


United States Supreme Court
BOOS v. BARRY, (1988)
No. 86-803
Argued: November 9, 1987 Decided: March 22, 1988

District of Columbia Code 22-1115 makes it unlawful, within 500 feet of a foreign embassy, either to display any sign that tends to bring the foreign government into "public odium" or "public disrepute" (display clause), or to congregate and refuse to obey a police dispersal order (congregation clause). Petitioners, who wish to engage in conduct that would violate both clauses, filed suit in Federal District Court against respondent city officials, asserting a facial First Amendment challenge to 22-1115. The court granted respondents motion for summary judgment, and the Court of Appeals affirmed, concluding that both clauses were constitutional.

Held:

The judgment is affirmed in part and reversed in part.

255 U.S. App. D.C. 19, 798 F.2d 1450, affirmed in part and reversed in part.

    JUSTICE OCONNOR delivered the opinion of the Court with respect to Parts I, II-B, III, IV, and V, concluding that:

    1. Section 22-1115s display clause is facially violative of the First Amendment, since it is a content-based restriction on political speech in a public forum, which








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