Clark v. C.C.N.V.

Media Items
Clark v. C.C.N.V. - Oral Argument
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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)
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

Wrote a regular concurrence
Burger
Voted with the minority, joined Marshall's dissent
Brennan
Wrote the majority opinion
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor

Full Opinion by Justice Byron R. White

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