Clark Vs. CCNV

This week, we make our turn into case law, starting with two important Supreme Court opinions from the 1980s. In Clark v. CCNV, the Court considered a regulation that prevented sleeping/camping in National Parksin this case applied to Lafayette Park on the National Mall. In Boos v. Barry, the Court considered a D.C. regulation which banned displaying signs critical of foreign governments within 500 feet of their embassies. Clark is pretty clear and straightforward, but Boos is a bit of a quagmire, with a split opinion where the Justices are in wide disagreement about different elements. So, as you read, remember to keep your eyes on the prize. What are the free speech considerations, and how do the Justices talk about them?
To complete this, you should read Justice Whites majority opinion in Clark first, maybe sit with it a bit, and then turn to Justice Marshalls dissent (which is a good one). As you read both, look for two key things-1) the holding/what the Court ruled and why, and 2) how they justified that holding. In other words, all those tools from the first several weeks about narratives, rhetorical situation, etcsee if any of them help you pick up on how the opinions become persuasive. Then, after that take a look at Boos v. Barry. Its a bit more complex, so dont worry about the congregation clause (you can skip parts 2 and 3 of Justice OConnors opinion). As you read that, same questions: whats going on here with public forums, classically political speech, and any persuasive appeals/moves you see. After reading through both, write a response of around 750 words (over or a bit under is fine–dont bloat it up with excessive headings or any of that) that answers the following key questions. Remember that stronger responses will integrate textual evidence and go beyond what can be gleaned from Wikipedia or the syllabus of the opinion.
1) What is the holding in Clark v. CCNV and what justification did the Court offer for that ruling?
2) Why does Justice Marshall dissent from the ruling, and what is his primary disagreement with the majority about free speech in this specific case?
3) How do both opinions build persuasive or rhetorical force? In other words, what do you see going on in how they justify their arguments (Im not playing guess something specific here; Im looking to see what youre picking up).
4) Whats the holding in Boos v. Barry and what justification does Justice OConnor offer for this ruling?

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