So #Occupy does ‘First Amendment sleeping?’

Published January 24, 2012 5:00am ET



National Park Service Director Jon Jarvis spent the morning before a House oversight subcommittee defending his agency’s decision not to enforce the law against Occupy protestors in Washington, D.C.

His argument was that even though camping is prohibited in certain National Parks — including D.C.’s McPherson Square — the Occupy Protest is diferent because it has the “occupation” of territory as part of its message. Therefore, Jarvis argued, their camp out is at least sort-of a protected first amendment protest activity, even if it is illegal.

Subcommittee chairman Trey Gowdy, R-S.C., was having none of it. It led to this amusing exchange regarding precisely what activities are protected by the first amendment: