UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
WILLIAM THOMAS, et. al., ) Plaintiffs ) ) v. ) Civil Action No. 84-3552-LFO ) THE UNITED STATES OF AMERICA, ) Defendants. )
First Amendment freedoms. In 1987, plaintiffs filed a second action against many of the same federal defendants together with News World Communications, doing business as the Washington Times, the Reverend Sun Myung Moon, and others associated with the newspaper and with a political association known as the Young Americans for Freedom. The 1987 complaint reiterated the constitutional challenges launched against the regulations and against federal officials in 1984. At the same time, plaintiffs broadened their constitutional tort allegations to embrace the nonfederal defendants, on a theory that the Washington Times had engaged in a campaign to libel plaintiffs and to discredit and, eventually, to suppress their expressive activity.
dismiss or for summary judgment. For the reasons stated in this Memorandum, an accompanying Order grants that motion and dismisses both complaints without prejudice.
this litigation, the regulations proscribe "camping" in Lafayette Park. Cfr 36 C.F.R. 88 7.96(g)(5)(x), 7.96(i).
twenty-four hour First Amendment vigil in Lafayette Park. The 1987 complaint enlarged the conspiracy theory to embrace private defendants who allegedly contributed to the plot by publishing unflattering criticism of plaintiffs' demonstration and the content of their expression.
evidence [if they are] to proceed to discovery on the claim'" operates by design "to protect federal officials' freedom of action from the 'fear of damage suits.'" Martin, 830 F.2d at 257 (quoting Hobson, 737 F.2d at 29), 250 n.32 (quoting Harlow v. Fitzgerald, 457 U.S. 800, 814 (1982)). The heightened pleading standard in actions against government officials also serves to shield public officials from becoming unduly enmeshed in protracted discovery. See id. at 257. None of the damage claims can survive defendants' motion to dismiss.
all three regulations constitute valid time, place, and manner restrictions on the exercise of First Amendment rights in Lafayette Park. The constitutionality of the "camping" regulations has been explicitly upheld by the Supreme Court. See Clark v. Community for Creative Non-Violence, 468 U.S· 288 (1984) ("CCNV"). Plaintiffs acknowledge the Supreme Court's ruling on this question. See Plaintiffs [sic] Opposition to Federal Defendants' Motion to Dismiss or for Summary Judgment (hereinafter Plaintiffs' opposition [2]) at 26 n.10.