In People v. Scutari (148 Misc. 2d 440 [Nassau County Dist Ct 1990]), protestors of United States aid to the Salvadoran government failed to leave a congressional office after it closed for the day. In that case, the court drew a distinction between asking someone to leave because of their trespassing behavior and asking someone to leave because of their speech. The court found that the trespassers were asked to leave because of their trespass, not their speech, making the order to leave lawful. In this case, the "trespass" is an integral part of the defendant's speech or message. The act, itself, is the "speech." The tree is part of the message.