United States v. Albertini

Background

A man who had been removed from Hickam Air Force Base in 1972 after vandalizing government property received a written "bar letter" banning him from returning without written permission. Nine years later he accepted a widely advertised invitation to the base’s annual open house, attended a peaceful anti-nuclear demonstration with friends, and was escorted off the base because officials recognized him. He was later charged and convicted under 18 U.S.C. §1382 for reentering after being ordered not to return.

Reasoning

The Court considered whether Congress meant §1382 to cover reentry during a public open house and whether the statute requires a time limit or proof that the visitor knew entry was forbidden. The majority read the statute by its plain language and legislative history, concluded §1382 applies even when parts of a base are open to the public, and rejected a required subjective belief or time limit. The Court also held that excluding a barred person during a public event is a neutral security measure and does not violate the First Amendment under the applicable test. The Court reversed the Ninth Circuit and allowed prosecution to stand, while leaving some due-process questions undecided.

Real world impact

The ruling means military commanders can enforce bar orders and remove or prosecute people barred from bases even if a base temporarily opens to the public. It affects protesters and others previously excluded from installations, and it gives commanders discretion to protect base security at large public events. The decision remands the case so lower courts can address unresolved issues, like whether a particular bar order was arbitrary.

Dissents or concurrances

Justice Stevens (joined by Justices Brennan and Marshall) dissented, arguing Congress did not intend to criminalize returning when circumstances reasonably showed a welcome invitation. He warned a literal reading produces absurd results and urged limits on the duration or scope of bar orders.