United States v. Albertini - 472 U.S. 675, 105 S. Ct. 2897 (1985)

Rule:

There is no generalized constitutional right to make political speeches or distribute leaflets on military bases, even if they are generally open to the public.

Facts:

Respondent protester entered a military base ostensibly to present a letter to a commanding officer, but instead obtained access to private documents and destroyed them. He was sent a bar letter from the commanding officer forbidding him to reenter the military base without the permission of the commander. He subsequently reentered the base nine years later for an open house and was convicted by the lower court for violating 18 U.S.C.S. § 1382. The appellate court reversed the lower court’s judgment, holding that respondent had a U.S. Const. amend. I right to enter the military base during the open house. The Supreme Court of the United States reversed the appellate court’s judgment and affirmed the conviction.

Issue:

Could respondent protester be convicted of violating 18 U.S.C.S. § 1382 when he attended an open house at a military base some nine years after the commanding officer ordered him not to re-enter the base without written permission?

Answer:

Yes.

Conclusion:

The language of 18 U.S.C.S. § 1382 did not limit it to military bases where access was restricted, nor did it require a specific intent on respondent's part. The base did not become a public forum for the purposes of U.S. Const. amend. I merely because the base was used to communicate ideas or information during the open house.