Wood v. Moss (2013)
- Docket
- 13-115
- Decided
- 2013-01-01
Summary
Question: (1) Is the Secret Service eligible for qualified immunity, which would shield it from liability for civil damages assuming the Service performed its duties reasonably? (2) Did the protestors sufficiently plead a viewpoint discrimination claim under the First Amendment? Conclusion: Yes, no. Justice Ruth Bader Ginsburg delivered the opinion for the unanimous Court. The Court held that the agents had not violated any clearly established law in their attempt to maintain an appropriate level of protection for the President despite his unscheduled detour. Because the plaintiffs were unable to establish that the Secret Service agents engaged in crowd control should have been aware of their duty to ensure that different groups obtained equal access to the President, the agents are eligible for qualified immunity. The Secret Service agents' actions were in direct response to the relative security risks the groups posed based on their locations, and so their actions did not violate the First Amendment.