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Virginia v. Hicks April 30, 2003 (02-371) return to case listing Case Summary Respondent was arrested for trespassing while walking down a street on his way to visit his mother and daughter. In an effort to reduce crime, the City of Richmond had passed an ordinance declaring that the streets surrounding a public housing development be noted as private property. The ordinance prevented any unauthorized person from entering the property and restricted the streets to residents and employees of the development and those having a "legitimate business or social purpose for being on the premises." Police officers were given the discretion to determine whether a person had a valid reason for being on the property. Respondent was barred by the ordinance, but he sought permission to visit his mother and daughter. The development property manager denied these requests. Respondent was eventually convicted of trespass. On appeal, Respondent argued that his First Amendment rights had been violated and that the trespass policy was unconstitutionally vague and overbroad. The Virginia Court of Appeals affirmed his conviction. Upon a rehearing en banc, the appeals court overturned Respondent's conviction and held that the ordinance violated Respondent's First and Fourteenth Amendment rights to lawfully be present in a public place. The Virginia Supreme Court held in favor of Respondent, ruling that the ordinance was unconstitutionally overbroad because it gave unfettered discretion to a government official. The opinion of the Virginia Supreme Court is found at 264 Va. 48, 563 S.E.2d 674. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Affirm 6-3 to Affirm n/a 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Thomas Rehnquist Scalia Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Stevens Kennedy Souter Ginsburg Breyer Stevens O'Connor Kennedy Souter Ginsburg Breyer   return to case listing