CLARK v. C.C.N.V.

Print this Page
Case Basics
Docket No. 
82-1998
Petitioner 
Clark
Respondent 
C.C.N.V.
Advocates
(Argued the cause for the petitioners)
(Argued the cause for the respondents)
Tags
Term:
Facts of the Case 

In 1982, the National Park Service issued a renewable permit to the Community for Creative Non-Violence to conduct a demonstration in Lafayette Park and the Mall in Washington, D.C. The C.C.N.V. demonstration was intended to represent the plight of the homeless, and the demonstrators wished to sleep in tent cities set up in the park. Citing anti-camping regulations, the Park Service denied the request.

Question 

Did the National Park Service regulations violate the First Amendment by curtailing symbolic speech?

Conclusion 
Decision: 7 votes for Clark, 2 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

In a 7-to-2 decision, the Court held that the regulations did not violate the First Amendment. The Court noted that expression is subject to reasonable time, place, and manner restrictions, and that the manner of the protest was at odds with the government's interest in maintaining the condition of the parks. The Court argued that the Park Service did not attempt to ban all sleeping in public parks (only in certain areas), and that the protesters had alternative means of communicating their message.

Cite this Page
CLARK v. C.C.N.V.. The Oyez Project at IIT Chicago-Kent College of Law. 23 October 2014. <http://www.oyez.org/cases/1980-1989/1983/1983_82_1998>.
CLARK v. C.C.N.V., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1983/1983_82_1998 (last visited October 23, 2014).
"CLARK v. C.C.N.V.," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 23, 2014, http://www.oyez.org/cases/1980-1989/1983/1983_82_1998.