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Constitutional Law Keyed to Choper
Clark v. Community for Creative Non-Violence
Citation:
468 U.S. 288 (1984)Facts
In 1982, the Community for Creative Non-Violence (CCNV) applied for a permit to conduct a round-the-clock demonstration in Lafayette Park and the Mall in Washington D.C., including the erection of symbolic tent cities to call attention to the plight of the homeless. The National Park Service, operating under Department of Interior regulations, granted permission for the demonstration and the erection of tents (20 in Lafayette Park and 40 in the Mall), but specifically denied permission for participants to sleep in the tents. The Park Service relied on regulations prohibiting camping in national parks except in designated campgrounds, with camping defined as using park land for living accommodation purposes including sleeping. CCNV argued that sleeping in the tents was expressive conduct protected by the First Amendment and essential to their demonstration’s message about homelessness. They filed suit challenging the application of the no-camping regulations to their proposed demonstration, claiming that the regulations were unconstitutionally vague, had been discriminatorily applied, and violated the First Amendment.
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