Limits on Freedom of Assembly: Constitutional Protections and Conflicts

1. Freedom of Assembly • Key Terms • picketing, Holocaust, heckler’s veto • Find Out • • What are the limits on public assembly? • • What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence? Section 5 Introduction-1

2. Freedom of Assembly • Understanding Concepts • Civil LibertiesWhy is freedom of assembly subject to greater regulation than freedom of speech? • Section Objective • Explain the freedoms and restrictions placed by the First Amendment upon gatherings of people. Section 5 Introduction-2

3. Burning an American flag during a demonstration protesting some action or policy of the government may be unpopular, but it is not illegal. Why? The Supreme Court has ruled that flag burning is protected by the First Amendment because it is symbolic speech. Section 5-1

4. I. Protecting Freedom of Assembly (pages 376–378) • A. Freedom of assembly is a right closely related to freedom of speech. • B. The Supreme Court, in DeJonge v. Oregon (1937), ruled that free assembly is as important as free press and free speech and that free assembly is protected from state and local governments. • C. Freedom of assembly includes the right to parade and hold demonstrations in public places, but those who organize the events must get a permit. Section 5-2

5. I. Protecting Freedom of Assembly (pages 376–378) • D. Demonstrations at public facilities may be limited. • E. Demonstrations are not allowed on private property, such as shopping malls and abortion clinics, because they interfere with property rights. Section 5-3

6. I. Protecting Freedom of Assembly (pages 376–378) When might freedom of assembly conflict with the public’s right to order and safety, and which do you think is more important? Answers will vary. For examples of this conflict see text pages 376–377. Section 5-4

7. II. Public Assembly and Disorder (pages 378–380) • A. When people assemble to advocate unpopular causes, police may have difficulty protecting them from violence and disorder. • B. The Nazi party march in Skokie, Illinois, in 1977 illustrated the heckler’s veto: the public vetoes the rights of free speech and assembly of an unpopular group. • C. Police may disperse a demonstration in order to keep the peace, but in the Gregory case (1969), the Court upheld the right of assembly by persons peacefully demonstrating in support of an unpopular cause. Section 5-5

8. II. Public Assembly and Disorder (pages 378–380) How effective do you think the heckler’s veto would be in your community? Answers will vary. Heckler’s veto is defined on text page 379. Section 5-6

9. III. Protection for Labor Picketing (pages 380–382) • A. Labor picketing is different from other demonstrations; it seeks to persuade customers not to deal with a business whose workers are on strike. • B. Before 1940 the Supreme Court supported restraints on labor picketing, but in that year it ruled that picketing was a form of free speech; in the years since, forms of picketing have been limited in several key rulings. Section 5-7

10. III. Protection for Labor Picketing (pages 380–382) Compare labor picketing with other kinds of demonstrations. In what ways are they the same and different? Picketing is a form of free speech, but it includes a picket line which may deprive a business of customers or workers. Section 5-8

11. IV. Freedom of Association (page 382) • A. The right of free assembly includes the right of free association, including joining a political party, interest group, or other organization. • B. Membership in groups advocating the use of force to overthrow the government, the Court has ruled, is not illegal; when members of such groups actually prepare to use such force, however, the acts are punishable. Section 5-9

12. IV. Freedom of Association (page 382) How did the Supreme Court apply the clear and present danger doctrine to membership in subversive groups? In the 1950s the Court upheld convictions against Communist Party members. Later it ruled that merely advocating a belief did not show a “clear and present danger.” Section 5-10

13. Checking for Understanding • 1. Main Idea Use a graphic organizer like the one below to identify two reasons the right to assemble is important to preserve in a democracy and two reasons it can be limited. • to preserve: it allows political parties and interest groups to exist, as well as organized dissent against the government; to limit: local governments may require permits for organized parades and demonstrations, and restrictions may be set if the right of assembly clashes with the rights of other people. Section 5 Assessment-1

14. Checking for Understanding • 2. Define picketing, Holocaust, heckler's veto. • Picketing is patrolling an establishment to convince workers and the public not to enter it. • The Holocaust was the mass extermination of Jews and other groups by the Nazis during World War II. • The heckler’s veto refers to the public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence. Section 5 Assessment-2

15. Checking for Understanding • 3. Identify clear and present danger doctrine. • The clear and present danger doctrine was a major issue when the government began to arrest and convict accused subversives, primarily Communist Party members during the 1950s. Section 5 Assessment-3

16. Checking for Understanding • 4. What two principles were established by the DeJonge decision? • The right of assembly is as important as free speech; the Fourteenth Amendment protects the right of assembly from infringement by state and local governments. Section 5 Assessment-4

17. Critical Thinking • 5. Checking Consistency Should more restrictions apply if a parade supports an unpopular cause? Support your answer. • Answers may vary but should balance the rights of assembly with the potential for violence. Section 5 Assessment-5

18. Civil Liberties Imagine that you are the mayor of a town where a citizen is planning a rally to protest the government’s environmental policies. Write a letter to the city council explaining the constitutional issues and the public welfare concerns that they should consider before allowing the rally. Section 5 Concepts in Action