Logourl black

Clark v. Community for Creative Non-Violence

United States Supreme Court
468 U.S. 288 (1984)


Facts

A National Park Service regulation prohibited camping and sleeping overnight in areas of certain national parks in order to promote the conservation of park property. The National Park Service did, however, issue permits for certain groups to use the park for demonstrations involving the airing of views or grievances. The National Park Service permitted the erection of temporary structures as part of demonstrations, as long as they were not used for sleeping or camping. In the winter of 1982, the National Park Service issued a permit to the Community for Creative Non-Violence (plaintiff) to conduct a demonstration in the parks to illustrate the plight of the homeless. Demonstrators hoped to build symbolic tent cities and sleep in them during the winter nights. The National Park Service prohibited the planned sleeping pursuant to its regulations and the Community for Creative Non-Violence (“the Community”) brought suit challenging this decision on the ground that it violated the First Amendment in federal district court. The district court granted summary judgment for Clark (defendant) and the National Park Service. The court of appeals reversed, and the United States Supreme Court granted certiorari.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (White, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Marshall, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 78,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,692 briefs - keyed to 140 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now