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VIRGINIA v. HICKS
United States Supreme Court No. 02-371
QUESTION PRESENTED:1. May a public housing project exclude from formerly public streets, abandoned by the city and now owned by the project, persons with no legitimate business on project property?
2. May the policy of exclusion be implemented with discretion in the project managers to decide when access by nonresidents is compatible with the best interests of the project residents?
3. Do the answers to Questions 1 and 2 depend on whether the streets have lost their status as “public forum” property?
4. If the trespass policy is invalid in some applications, is it void in its entirety?
ORAL ARGUMENT DATE: April 30, 2003
Interest of amicus curiae
Summary of facts and case
Summary of argumentI. Protecting the residents of public housing projects from crime is a compelling interest and requires strong action
II. "Overbreadth" should be applied only if applications of a statute are invalid for another reason, are substantial in scope, and are not cleanly severable
III. The "unfettered discretion" cases have no application to government-owned property which is not a public forum
Conclusion