Clark v. Community for Creative Non-Violence
| Clark v. Community for Creative Non-Violence | |
|---|---|
| Argued March 21, 1984 Decided June 29, 1984 | |
| Full case name | William P. Clark, Jr., Secretary of the Interior, et al. v. Community for Creative Non-Violence, et al. |
| Citations | 468 U.S. 288 (more) 104 S. Ct. 3065; 82 L. Ed. 2d 221; 1984 U.S. LEXIS 136; 52 U.S.L.W. 4986 |
| Argument | Oral argument |
| Case history | |
| Prior | Community for Creative Non-Violence v. Watt, 703 F.2d 586 (D.C. Cir. 1983); cert. granted, 464 U.S. 812 (1983). |
| Holding | |
| A rule against camping or overnight sleeping in public parks is not beyond the constitutional power of the Government to enforce | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Burger, Blackmun, Powell, Rehnquist, Stevens, O'Connor |
| Concurrence | Burger |
| Dissent | Marshall, joined by Brennan |
| Laws applied | |
| U.S. Const. amend. I | |
Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984), is a United States Supreme Court case with the National Park Service's regulation which specifically prohibited sleeping in Lafayette Park and the National Mall at issue. The Community for Creative Non-Violence (CCNV) group had planned to hold a demonstration on the National Mall and Lafayette Park where they would erect tent cities to raise awareness of the situation of the homeless. The group obtained the correct permits for a seven-day demonstration starting on the first day of winter. The Park Service however denied the request that participants be able to sleep in the tents. The CCNV challenged this regulation on the basis that it violated their First Amendment right.