In October 2004, toward the end of the presidential campaign, Bush was expected to stay at a cottage a short distance from the Jacksonville Inn in Jacksonville, Ore.
Pro-Bush and anti-Bush demonstrators were nearby.
The president decided to make an unscheduled stop for dinner on the inn's patio. Secret Service agents moved the anti-Bush protesters farther away than the pro-Bush group, court records say. The same thing happened when the Bush motorcade moved away.
A federal appeals court eventually ruled agents were not protected from allegations of free speech discrimination by qualified immunity -- immunity because they were just doing their jobs, even if their actions were later found to be illegal.
The justices should hear the case next spring.