Freedom of Assembly and Petition

Civil Liberties

The Right to Assemble

“…..the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

--1st amendment

Assemble

Simply means the right to gather with one another

Includes forming political parties, interest groups etc.

Notice that the Constitution allows “peaceful” assembly.

Assembly

The Constitution does not give one the right to incite violence, close a school, or endanger life or property

Time-Place-Manner Regulations

Government rules must be content neutral, meaning they can regulate time, place and manner, but they cannot regulate on the basis on what may be said.

Public Property

Most demonstrations occur on public streets, parks etc.

Because most demonstrations involve some type of conflict, the Court has generally supported laws that require an advance notice and permit for demonstrations

Gregory v. Chicago

A demonstration to fire a school superintendent drew a large crowd, which became violent toward the protesters.

In turn the police ordered the protesters to disperse, and arrested those who didn’t.

The Supreme Court overturned the convictions, stating the protesters had acted peacefully.

Private Property

The Rights of Assembly and Petition do not give demonstrators the right to trespass on private property

Owners of private property can have you removed for demonstrating on their property.

Right of Association

The right to associate with others to promote political, economic and social causes

NAACP vs. Alabama- Court said state could not require NAACP to provide a list of all its members

Boy Scouts of America vs. Dale- Court stated that the Boy Scouts could exclude the hiring of a gay troop leader because it contradicted the beliefs of the organization.