Clark v. Community for Creative Non-Violence

E176638

Clark v. Community for Creative Non-Violence is a 1984 U.S. Supreme Court case that upheld restrictions on symbolic protest camping in public parks, clarifying the limits of expressive conduct protections under the First Amendment.

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Statements (46)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
freedom of speech case
time, place, and manner regulation case
areaOfLaw First Amendment jurisprudence
civil liberties
constitutional law
arguedDate 1983
citation 468 U.S. 288
constitutionalProvisionInterpreted First Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1984
dissentBy Thurgood Marshall
William J. Brennan Jr.
expressiveConduct sleeping in tents as symbolic protest
finding Even assuming sleeping in tents is expressive conduct, the government may regulate the manner of that expression.
fullName Clark v. Community for Creative Non-Violence self-linksurface differs
surface form: Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984)
governmentInterestRecognized ensuring public safety and order in parks
maintaining parks in an attractive and intact condition
holding The First Amendment does not require the government to permit camping in parks as a form of symbolic protest.
The National Park Service regulation prohibiting camping in certain parks is a valid time, place, and manner restriction on expressive conduct.
impact clarified limits of symbolic speech protections in public forums
frequently cited in later time, place, and manner cases
jurisdiction federal
languageOfProceedings English
legalIssue First Amendment to the United States Constitution
surface form: First Amendment freedom of expression

regulation of expressive conduct in public parks
symbolic speech
time, place, and manner restrictions
locationOfEvents Lafayette Park, Washington, D.C.
National Mall
surface form: The National Mall, Washington, D.C.
majorityOpinionBy Byron R. White
petitioner James G. Watt, Secretary of the Interior
William P. Clark, Secretary of the Interior
principle Content-neutral regulations that are narrowly tailored to serve a significant governmental interest and leave open ample alternative channels of communication are permissible.
regulationChallenged National Park Service regulation prohibiting camping in certain parks
relatedCase United States v. O'Brien
Ward v. Rock Against Racism
relatedConcept content-neutral regulation
public forum doctrine
respondent Community for Creative Non-Violence
testApplied time, place, and manner test
topic homelessness protest
regulation of demonstrations in national parks
vote 7–2

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Assembly Clause usedInCase Clark v. Community for Creative Non-Violence
Clark v. Community for Creative Non-Violence fullName Clark v. Community for Creative Non-Violence self-linksurface differs
this entity surface form: Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984)