Clark, Secretary of the Interior, et al. v. Community for Creative Non-violence et al. (468 U.S. 288)
U.S. Supreme Court · decided June 29, 1984 · Supreme Court Database (Spaeth)
- Citation
- 468 U.S. 288 · 104 S. Ct. 3065
- Decided
- June 29, 1984
- Term
- October Term 1983
- Vote
- 7–2
- Majority author
- Justice White
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice White delivered the opinion of the Court. The issue in this case is whether a National Park Service regulation prohibiting camping in certain parks violates the First Amendment when applied to prohibit demonstrators from sleeping in Lafayette Park and the Mall in connection with a demonstration intended to call attention to the plight of the homeless. We hold that it does not and reverse the contrary judgment of the Court of Appeals. I The Interior Department, through the National Park Service, is charged with responsibility for the management and maintenance of the National Parks and is authorized to promulgate rules and regulations for the use of the parks in accordance with the purposes for which they were established. 16 U. S. C. §§ 1, la-1, 3. The network of National Parks includes the National Memorial-core parks, Lafayette Park and the Mall, which are set in the heart of Washington, D. C., and which are unique resources that the Federal Government holds in trust for the American people. Lafayette Park is a roughly 7-acre square located across Pennsylvania Avenue from the White House. Although originally part of the White House grounds, President Jefferson set it aside as a park for the use of residents and visitors. It is a “garden park with a . . . formal landscaping of flowers and trees, with fountains, walks and benches.” National Park Service, U. S.…
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