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Chapter 19.4

Chapter 19.4. Freedom of Petition and Assembly. Common Examples of Freedom of Assembly & Petition. A noisy street demonstration by neo-Nazis A candlelight vigil of opponents of the death penalty Pro-life people singing hymns and picketing in front of an abortion clinic

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Chapter 19.4

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  1. Chapter 19.4 Freedom of Petition and Assembly

  2. Common Examples of Freedom of Assembly & Petition • A noisy street demonstration by neo-Nazis • A candlelight vigil of opponents of the death penalty • Pro-life people singing hymns and picketing in front of an abortion clinic • Gay rights activists gathered on the steps of the state capitol

  3. The Constitution’s Guarantees • 1st amendment: “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” • 14th amendment’s due process clause • Peaceable vs. civil disobedience • Peaceable assembly and petition is a civil right • Civil disobedience is NOT protected by the Constitution

  4. Peaceable Assembly vs. Civil Disobedience

  5. Time-Place-Manner Regulations • Government can make and enforce reasonable rules covering time, place, and manner of assemblies. • Grayned v. City of Rockford (re: school diversions) • Rules must be content neutral. • Forsyth County v. Nationalist Movement (re: unlimited power to set exact fees)

  6. Public Property • The Supreme Court has upheld laws that require advance notice and permits for demonstrations in public places. • Questions raised: • How and to what extent can government regulate demonstrators? • Does the Constitution require that police officers allow an unpopular group to continue demonstrating when it excites others to violence? • When in the name of peace and safety, can police order demonstrators to disband?

  7. Public Property (Cont’d) • Gregory v. Chicago, 1969 (re: segregation, neighborhood violence, & disorderly conduct) • Madsen v. Women’s Health Services, 1994 (re: blocking abortion clinics) • Hill v. Colorado, 2000 (re: sidewalk counseling and unwanted approach at abortion clinics)

  8. Private Property • The rights of assembly and petition do not give the right to trespass on private property. • Permission must be granted by the property owner

  9. Freedom of Association • Can an organization be forced to disclose the names of all its members to the government? (NAACP v. Alabama, 1958) • Can the Boy Scouts of America exclude gays from their organization? (Boy Scouts of America v. Dale, 2000) • Organizational Decision (May 23, 2013) – “yes” to youths, but “no” to adults

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