The U.S. Department of Justice claims that former Marine Fitzgerald Scott deserved to be arrested inside the U.S. Supreme Court building last year for wearing a jacket with the words “Occupy Everything."
According to Wired.com, the Obama administration made that claim in a legal filing in response to a lawsuit brought by Scott, who is suing for $1 million in damages for his January 2012 arrest (video below).
While Scott claims he was protected by the First Amendment, the U.S. Department of Justice claims that the U.S. Supreme Court building’s public interior is a "First Amendment-free zone."
Fitzgerald was not disturbing anybody, but was repeatedly told by court staff to leave the building or remove the coat. Fitzgerald was handcuffed and arrested for "unlawful entry" as he was viewing an exhibit on slavery.
Prosecutors eventually dismissed the charges, but Scott sued.
The Obama administration said on Wednesday that Scott could also have been arrested and charged with violating the Display Clause, which makes it “unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display in the Building and grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement.”