The First Amendment protects only conduct that conveys a particularized message that observers are likely to understand. In other words, “the nature of the activity, combined with the factual context and environment in which it was undertaken, lead to the conclusion that [Plaintiffs] engaged in a form of protected activity.” Id. at 409, see also Roulette v. City of Seattle, 97 F.3d 300 (9th Cir. 1996) (sidewalks are constitutionally protected just because sitting is conduct that can possibly be expressive); State v. Ybarra, 25 Or. App. 633 (Or 1976) (distinguishing between conduct serving a nonexpressive facilitative rather than demonstrative expressive purpose; rejecting protestors’s argument that canopy-like tents symbolized the plight of the farm workers and finding tents and sleeping bags served to facilitate the round the clock vigil)
Posted on: Wed, 24 Dec 2014 00:00:04 +0000
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