Clark v. Community for Creative Non-Violence (1984)

Clark v. Community for Creative Non-Violence (1984)

Facts

CCNV obtained permits to erect a symbolic tent city in Lafayette Park. The permit however did not allow individuals to sleep in those tents. CCNV then filed suit against the park.

Issue

Is prohibiting camping in certain parks a violation of the 1st Amendment?

Holding

No

Rationale

Sleeping in certain areas fall under the time place and manner defense and the court holds that government has the power to restrict speech based on time, place and manner.

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