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Court Cases Dealing with Assembly/Petition . James Haigh. History of Assembly/Petition Cases . Established by Cox v. New Hampshire, 312 U.S. 569 (1941 ) While the Constitution protects the right to assemble, it adds an important caveat-the assembly must be peaceful
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Court Cases Dealing with Assembly/Petition James Haigh
History of Assembly/Petition Cases • Established by Cox v. New Hampshire, 312 U.S. 569 (1941) • While the Constitution protects the right to assemble, it adds an important caveat-the assembly must be peaceful • the Supreme Court has ruled that reasonable time, place, and manner restrictions might be imposed on the right to assemble
History of Assembly/Petition Cases Cont. • there are no Supreme Court cases that precisely define the contours of this provision of the First Amendment • it is the Government's job to redress the legitimate grievances of its citizens • The judiciary reviews grievances whenever it determines that constitutional or other legal rights have been infringed upon
Background of Boy Scouts v. Dale 2000 • An assistant Scoutmaster in a local boy scout troop in New Jersey was openly gay and the organization removed him of his duties for this reason • He sued and went to court and got the New Jersey Supreme Court to rule in his favor requiring the troop to reinstate him of his duties • The case was taken to the Supreme court in 2000 where they would review the ruling
Summary • Case is based on private groups ability to dictate who can be a member based on their sexual orientation • Dale sued saying they violated a state rule of no discrimination because of sexual orientation • Supreme Court ruled in the Boy scout's favor as long as he was hurting the organizations ability to demonstrate what they believe in as a group
Decision • Ruling: "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints” • It was a 5 to 4 decision to overturn the New Jersey supreme court • Ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message
Consequences • The decision allowed the Scout local Boy to remove James Dale from his position as Assistance Scoutmaster • This set a precedent giving private organizations the opportunity to keep remove people if they affect the ability of the group to advocate their viewpoint • This ruling is still discussed today because people claim they should shut down the boy scouts because they limit their first amendment rights
Background of Edwards v. South Carolina 1963 • A group of 187 petitioners marched peacefully in south Carolina State Court House grounds in protest of segregation • They were arrested after refusing to disperse on charges of breach of peace • South Carolina Supreme Court ruled to convict them of the charges and then the case was tried in The U.S. Supreme Court under the Warren Court
Summary • South Carolina Supreme Court upheld the convictions, described as "not susceptible of exact definition” • The Supreme Court ruled the evidence did not even remotely prove that their actions were violent • They ruled in favor of the Petitioners because it violated their first amendment rights
Decisions • The Supreme Court held that in arresting the petitioners, South Carolina infringed on the petitioners’ rights of free speech, free assembly and freedom to petition • Stewart called the marchers' actions an exercise of First Amendment rights "in their most pristine and classic form“ • Ruled a state cannot "make criminal the peaceful expression of unpopular views"
Consequences • Justice Edwards dissented and claimed that the City Manager’s actions were to avoid confrontation because of the atmosphere of southern communities at the time • This also helped the Warren Court establish that they were going to be an active court • Also helped African Americans establish their rights in the southern states
Citation Page • http://www.law.cornell.edu/supct/html/99-699.ZS.html • http://www.oyez.org/cases/1960-1969/1962/1962_86 • http://www.uscourts.gov/EducationalResources/ClassroomActivities/FirstAmendment/FreedomOfAssembly/Background.aspx • http://www.uscourts.gov/EducationalResources/ClassroomActivities/FirstAmendment/FreedomOfPetition.aspx