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Reason
Reason
Politics
Eugene Volokh

Residential Picketing in Virginia (Outside a Justice's Home or Otherwise)

[UPDATE, 5/6/2022, 5:51 pm: A commenter noted that there's a separate federal statute that seems to ban certain kinds of residential picketing outside judges' homes in general, which may well apply entirely apart from the Virginia statute I noted below; I'm looking into this now, and plan to post a more detailed update when I track it down.]

[FURTHER UPDATE, 5/6/2022, 6:19 pm: See this follow-up post for more on that federal statute, which I think would indeed outlaw picketing outside federal judges' homes aimed at influencing their decisions. What I say below about the Virginia law remains correct, I think, but is rendered largely irrelevant by the federal statute, it seems to me (at least to the extent that the federal authorities enforce the federal law).]

There's been talk of protests outside Supreme Court Justices' homes; and there's been talk that such protests are illegal in Virginia (where some of the Justices apparently live). I think protesting targeted at a person's home is generally bad, because it's generally aimed more at intimidation than persuasion; I also think it would be ineffective in this instance, because Supreme Court Justices aren't easy to intimidate (and the publicity is likely to backfire against the protesters). But here I want to talk about whether such protesting is legal.

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