Flower v. United States

Background

John Thomas Flower was a civilian regional Peace Education Secretary for the American Friends Service Committee who was arrested by military police while quietly distributing leaflets on New Braunfels Avenue inside Fort Sam Houston in San Antonio. The base deputy commander had previously ordered him barred from the post for leafleting. He was prosecuted under a federal military debarment law, convicted in district court, sentenced to six months, and the court of appeals affirmed the conviction.

Reasoning

The Court addressed whether the First Amendment protects a person who hands out leaflets on a street that passes through a military base when that street is open to normal civilian traffic. Relying on facts showing heavy vehicle and pedestrian use and no sentry posts or guards, the Court concluded the commander had chosen not to exclude the public from that street and thus could not treat it like restricted base property. Because streets open to the public are traditional places for speech, applying the debarment law under these facts violated the First Amendment, and the Court reversed the conviction without further argument.

Real world impact

The ruling protects civilians who peacefully distribute literature on public streets that run through military posts from criminal punishment under similar facts. It limits commanders’ power to enforce debarment orders where they have left streets open to civilian use. Because this was a summary reversal, the decision rests on the specific facts and does not resolve all possible situations involving partial civilian access to bases.

Dissents or concurrances

Justice Rehnquist, joined by the Chief Justice, dissented, arguing the Court should have heard full argument and warning the decision weakens commanders’ authority and the usual procedures for contesting debarment orders; Justice Blackmun would have heard the case as well.