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Legal Principle at Issue

Did the Secret Service unconstitutionally discriminate against protestors when asking one group to leave while allowing another to stay?

Action

The Supreme Court held unanimously that Secret Service agents are entitled to qualified immunity. In a decision authored by Justice Ruth Bader Ginsburg, the Court emphasized that security decisions made by Secret Service agents protecting the President are often urgent and complex, and they should not be second-guessed in court absent clear evidence of unconstitutional conduct.

Facts/Syllabus

Protesters gathered outside of President Bush's hotel in Oregon while he sought reelection. Protesters alleged that the Secret Service agents gave only those protesting Bush's policies the order to relocate, allowing those supporting the President to stay. The Court found that the Secret Service was eligible for qualified immunity, and furthermore, the Secret Service did not break the law while protecting the President.

Importance of Case

The Court's decision in Wood v. Moss reinforced the broad scope of qualified immunity for federal officers, particularly in sensitive security contexts, and clarified that viewpoint discrimination claims must be supported by clear evidence that the government’s actions were not based on legitimate, neutral justifications.