UNITED STATES ) ) versus ) CRIMINAL NO. 87-60 ) Judge Charles Richey ) WILLIAM THOMAS, defendant )
//s// w.thomas
William Thomas, Defendant Pro Se
1440 N Street NW #410, DC 20005
(202) 462-0757
constitute "camping," but was rather a symbolic activity intended to communicate a message.
"(I)n the unusual circumstances of an individual demonstrator's round-the-clock vigil incidental sleep which occurs during the course of the vigil must be considered sufficiently expressive in nature to implicate First Amendment scrutiny in the first instance." United States v. Stacy Abney, 534 F.2d 984 (1976). See Also Defendant's Exhibits 1 and 2, submitted at the Motions Hearing on March 25, 1987, AND Motion to Dismiss For Lack of Offense, at pages 2 and 3. 1/
1/ In Clark v. Community for Creative Nonviolence (CCNV), Syllabus, June 26, 1984 at 3, the Majority Opinion noted:
"We need not disagree with the view of the Court of Appeals that sleeping in the context of a demonstration is expressive activity which is protected to some extent by the First Amendment."
377, 382 (1893); SEE ALSO: Dyke v. Meachum, 785 F2d 267 (1986), Damiano v. Florida Parole Board, 785 F2d 927 (1986), Albenco v. U.S., 783 F2d 1024 (1986), Hammond v. U.S., 786 F2d 8 (1986), People v. Coleman, 111 Ill. 2d 87 (1986).
he enjoyed at the time of the commission of the offense," as an expressive activity designed to address an issue of broad public concern, and B) as an exercise of defendants' religious principles. Likewise the defendant can establish a reasonable inference that 1) officials involved with the promulgation of 36 CFR 7.96(i) on June 4, 1982 (published as 36 CFR 50.27(a) SEE, Federal Register, Vol. 47, No. 108, page 34302) formulated and applied that revision because they were "having trouble getting convictions" of Thomas under pre-existent regulatory schemes, and that 2) the effect of the present regulation has been to deprive Thomas of a substantial right which the law gave him when the "offense" was committed.
. //s// w. thomas
William Thomas
1440 N Street NW, #410,
Washington, DC 20005
(202) 462-0757