In the United States v. Albertini case of 1984, the U.S Supreme Court ruled that a federal law prohibiting reentry onto military property by persons barred from those premises was constitutional and did not violate First Amendment rights. The defendant, Michael Albertini, had been previously banned from Hickam Air Force Base due to prior protests but returned during an open house event in order to protest again. He argued that his actions were protected under the First Amendment as peaceful symbolic speech. However, the court disagreed stating that while public military bases may be open for civilians on certain occasions, they are not considered public forums where individuals can freely express their views without restriction. Therefore, it held that banning him after he disrupted good order and discipline at a military installation was within its authority and did not infringe upon his freedom of speech.

In the dissenting opinion for United States v. Albertini, Justice Brennan argued that the majority's interpretation of 18 U.S.C. §1382 was overly broad and infringed upon First Amendment rights to free speech and assembly. He contended that this statute should be interpreted narrowly to only prohibit reentry onto a military base after being barred due to previous misconduct on the base itself, not because of off-base activities or beliefs held by an individual. Furthermore, he asserted that even if Albertini’s conduct could fall within the scope of §1382 as construed by the majority, his actions were protected under symbolic speech doctrine established in prior cases like Tinker v Des Moines Independent Community School District (1969). Lastly, Brennan expressed concern over potential misuse of this law against political dissidents which would undermine democratic principles.