First Amendment, Trespass, Nuisance?
FACTS The artist projected the phrase “Pay Trump Bribes Here” along with the
emoluments clause in addition to images of the Turkish and Russian flags to bring attention to
political accusations. The artist used a van across the street from the Trump International Hotel
to mount the projector. The projections were seen on the front of the building otherwise known
as the “Façade.”
ISSUE Whether a projection or bright light is reserved in the First Amendment or
does it constitute as trespassing or a nuisance under tort law?
RULE/ LAW First Amendment rights provide a freedom of religion and speech, as well
as freedom of the press, freedom to a peaceful protest and freedom to petition the U.S.
Government. Trespassing is referred to someone or something unwanted on the owner’s
property. A Civil Lawsuit may be brought upon through a tort law of trespassing if compensation
is sought after for damages to the property or injuries were suffered. A nuisance tort is
subcategorized. A private nuisance interferes with the enjoyment of one’s private property. A
public nuisance interferes with many citizen’s or general public. An absolute nuisance correlates
with the trespassing tort as there is intentional property damage. Any sort of nuisance claim must
show proof of interference with day to day living or of conducting business over a considerable
period of time.
ANALYSIS OR APPLICATION Past courts have deduced that the First Amendment does not
give rights to projection. None the less, projection is not against any current law. Projected light
is not classified as trespassing as there is no object permeable on the property. The object
projecting the phrases is not on the property but in a van across the street from the hotel.
Although the tort of trespassing and nuisance are closely related, a nuisance requires the
toleration of the action for a period of time. The court must deem the action excessive and
unreasonable.