United States v. Shawn D. Eichman
496 U.S. 310 · Decided June 11, 1990 · Supreme Court of the United States
At a glance
United States v. Shawn D. Eichman was decided on June 11, 1990 by a vote of 5–4. The Court affirmed the lower court's decision. Justice William J. Brennan Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Protest demonstrations” in the First Amendment area. SCDB records that the Court declared an act of Congress unconstitutional.
Read the opinion
Case details
- Citations
- 496 U.S. 310 · 110 S. Ct. 2404 · 110 L. Ed. 2d 287 · 1990 U.S. LEXIS 3087
- Docket number
- 89-1433
- Decided
- June 11, 1990
- Argued
- May 14, 1990
- Court era
- Rehnquist Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–4
- Majority opinion
- William J. Brennan Jr.
- Opinion assigned by
- William J. Brennan Jr.
- How the case arrived
- Appeal
- Issue (SCDB)
- Protest demonstrations
- Issue area
- First Amendment
- Legal provision
- 18 U.S.C. § 700
- Type of law
- Infrequently litigated statute
- Held unconstitutional
- An act of Congress
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Majority | Wrote an opinion |
| Justice Byron R. White | Dissent | |
| Justice Thurgood Marshall | Majority | |
| Justice Harry A. Blackmun | Majority | |
| Chief Justice William H. Rehnquist | Dissent | |
| Justice John Paul Stevens | Dissent | Wrote an opinion |
| Justice Sandra Day O'Connor | Dissent | |
| Justice Antonin Scalia | Majority | |
| Justice Anthony M. Kennedy | Majority |
Full case caption
United States v. Shawn D. Eichman, David Gerald Blalock and Scott W. Tyler
SCDB identifiers: case 1989-103, docket 1989-103-01.
Related decisions
Other cases on “Protest demonstrations”
- Federal Trade Commission v. Superior Court Trial Lawyers Association
- Texas v. JohnsonLaw held unconstitutional
- Rav v. City of St. PaulLaw held unconstitutional
- Michael Boos, J. Michael Waller and Bridget Brooker v. Marion S. Barry, Jr.Law held unconstitutional
- City of Houston v. HillLaw held unconstitutional
- United States v. Albertini
Same Term, same area (First Amendment)
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Fw/pbs, Inc. v. City of DallasLaw held unconstitutional
- Jimmy Swaggart Ministries v. Board of Equalization of California
- Federal Trade Commission v. Superior Court Trial Lawyers Association
- Butterworth v. SmithLaw held unconstitutional
- Austin v. Michigan State Chamber of Commerce
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error