Misuse of Weed Laws

Disclaimer: We are not lawyers.

Bret Rappaport wrote an extensive article in Volume 26, Summer 1993, Number 4 in the John Marshall Law Review.  The article summarized the legality of natural landscaping and the flaws in many weed laws.  The U.S. EPA publishes the entire article at http://www.epa.gov/grtlakes/greenacres/weedlaws/index.html.

We express ourselves and our belief in natural landscaping through our garden as symbolic speech that is political speech.  Symbolic speech is as constitutionally protected as free speech, so any weed law must be closely related to a compelling state interest [Rappaport 1993].  Thus natural landscape gardening can also be protected as speech by the First Amendment [Rappaport 1993].

We also view our natural landscape as art, which many states have recognized [Rappaport 1993].  Thus natural landscape gardening can also be protected as artistic speech by the First Amendment [Rappaport 1993].

Natural landscaping is also a religious practice to us.  Religiously, we believe that all of nature is a connected system and should be respected and admired for it's true beauty.  I also am of partial Cherokee heritage, and religiously believe in the part of that religion that states respect for and existing with nature.  Thus natural landscaping can be protected as religious speech by the First Amendment [Rappaport 1993].