Clark v. C.C.N.V.

Media Items

Clark v. C.C.N.V. - Oral Argument

Expanded View

Download MP3

Advocates

Paul M. Bator (Argued the cause for the petitioners)

Burt Neuborne (Argued the cause for the respondents)

Case Basics

Docket No.:

82-1998

Petitioner:

Clark

Respondent:

C.C.N.V.

Decided By:

Burger Court (1981-1986)

Opinion:

468 U.S. 288 (1984)

Argued:

Wednesday, March 21, 1984

Decided:

Friday, June 29, 1984

Issues:

First Amendment, Protest Demonstrations

Categories:

symbolic speech, political speech, freedom of speech, first amendment

Location No location information present.

Cite this page

The Oyez Project, Clark v. C.C.N.V. , 468 U.S. 288 (1984)
available at: (http://oyez.org/cases/1980-1989/1983/1983_82_1998)

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:

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.

Decisions

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

Sort by Ideology