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Civil Liberties. Freedom of Assembly and Petition. The Right to Assemble. “…..the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” --1 st amendment. Assemble. Simply means the right to gather with one another
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Civil Liberties Freedom of Assembly and Petition
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.