Opinion

Community for Creative Non-Violence v. Watt

  • 703 F.2d 586
  • 227 U.S. App. D.C. 19
Court
Court of Appeals for the D.C. Circuit
Filed
Mar 9, 1983
Status
Published
Author
Robinsoniiiwright
On the bench
Bork, Edwards, Ginsburg, III, Key, MacKinnon, Mikva, Robinson, Scalia, Tamm, Wald, Whom, Wil, Wilkey, Wright
Cited by
22 cases

Reversed by Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984)

rejecting the notion that sleeping in public parks is expressive conduct about the plight of the homeless

How later courts described this case

  • rejecting the notion that sleeping in public parks is expressive conduct about the plight of the homeless
  • first amendment does not guarantee right to deliver message in the most effective manner possible, nor does it guarantee media attention

Written by the judges who cited it.

The opinion

SPOTTSWOOD W. ROBINSON, III, Chief Judge, and J. SKELLY WRIGHT, Circuit Judge,

concurring:

We join in reversal, and in Judge Mikva’s opinion with a caveat to one branch of its First Amendment analysis. As the opinion explains convincingly, sleeping in tents at the demonstration sites is a vivid and forceful component of the public message the demonstrators seek to convey; it summons First Amendment scrutiny because, qua sleeping, it is expressive. We intimate no view as to whether sleeping would implicate the First Amendment were it not to add its own communicative value to the demonstration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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