HOME > First Amendment Library > Case   Virginia v. Hicks (docket #: 02-371) (2003)  [Findlaw] Argument Date 04/30/2003 Decided 6/16/2003 Supreme Court Vote 9-0   Issue Whether a state redevelopment and housing authority's trespass policy is overly broad and thereby violates the First Amendment. Overbreadth and standing. Majority Opinion Scalia, J. Concurring Opinion Souter, J. (Joined by Breyer, J.) Certiorari Granted 01/24/2003 Lower Court Virginia Supreme Court Lower Court Ruling The Virginia Supreme Court sustained the First Amendment claim in Virginia v. Hicks (2002) (per Justice Leroy R. Hassell, Sr. with Justices Kinser and Donald W. Lemons concurring in part and dissenting in part. Oral Arguments audio (Oyez)  [Oyez] Lawyers For Petitioner William Henry Hurd, Office of the Virginia Attorney General For Respondent Steven Benjamin, Benjamin & DesPortes, P.C. Ruling - Lower Court Virginia v. Hicks Tony Mauro Analysis Justices ask if trespass case is free-speech issue Loitering-trespass case with First Amendment overtones to get high-court review Supreme Court upholds off-limits rules for public housing Other Swanson, James L., "Unholy Fire: Cross Burning, Symbolic Speech, and the First Amendment Virginia v. Black" (Cato Supreme Court Review, 2001-2002)  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links