The issue focused on another area of government law enforcement: federal laws that criminalize civil rights violations. Law enforcement officials who broke these laws were subject to prosecution.

In his legal brief, Justice lawyers claimed the Supreme Court has never recognized a constitutional right to political speech. They also wrote that laws criminalizing civil rights violations are unconstitutional.

"There is no inherent right to public space or public rights," wrote attorney Robert J. Skotko. "They must be earned by public activity and citizen participation