502
Rehnquist, C. J., dissenting
ernment employment violated the First Amendment, I could not agree with the Court's remedy.7
In United States v. Grace, 461 U. S. 171 (1983), we analyzed the constitutionality of 40 U. S. C. § 13k (1982 ed.), as applied to the public sidewalks surrounding the Supreme Court. Section 13k prohibited, "among other things, the 'display [of] any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement' in the United States Supreme Court building and on its grounds." 461 U. S., at 172-173 (quoting § 13k). We concluded that there was insufficient justification for § 13k's prohibition against carrying signs, banners, or devices on the public sidewalks surrounding the building. Id., at 183. As a remedy, we held that § 13k was "unconstitutional as applied to those sidewalks." Ibid.; see also Edenfield v. Fane, 507 U. S. 761, 763 (1993) (striking down a ban on solicitation by certified public accountants as applied to the "business context").
Although the Court limits its analysis to only those applications of the honoraria ban where there is no nexus between the honoraria and Government employment, the Court prohibits application of the honoraria ban to all Executive Branch employees below grade GS-16 even where there is a nexus between the honoraria and the employees' Government employment. Ante, at 479-480.8 Even respondents acknowledge that the central aim of their litigation could "be achieved by a remedy similar to the one urged by the government—by holding the ban invalid as applied to respond-7 Lost in the shuffle of the Court's remedy is Peter Crane, a GS-16 lawyer from the Nuclear Regulatory Commission, and a respondent before the Court. Ante, at 461. Although the rationale behind the Court's holding does not necessarily apply to Crane, see ante, at 478, n. 23, the Court's holding apparently does.
8 Because the Court has rewritten the honoraria ban so that it no longer applies to Executive Branch employees below grade GS-16, I certainly could not condemn the Court for its refusal to rewrite the statute. Cf. ante, at 479, n. 26. I simply challenge the Court's failure to tailor its remedy to match its selective analysis.
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