A twenty-three-year-old Arab man sits on a bench. An officer approaches and orders that he "move on" (MO). If this park-bench sitter were engaged in protected First Amendment expression, he may have constitutional grounds for refusing to depart. If the authority for the order to disperse were a vague law, he might look to the Fifth or Fourteenth Amendment's Due Process Clause. In its most limited manifestation, the government requires that a person "move on" from his or her current location, be it a park bench or an apartment, but does not otherwise restrict that person's continued freedom of movement. If the Fourth Amendment regulates MO orders, it would not typically even be appropriate to engage in substantive due process analysis. Liberty is defined as the freedom from arbitrary or despotic government or control, and that, rather than a question of seizure, is really what is at stake from an MO order.
"Move On" Orders as Fourth Amendment Seizures S
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