District 87 mandating a 1 minute prayer at the beginning of each school day. The class valedictorian conducting a prayer during his address at graduation. Teaching creationism as well as evolution in biology classes. Teaching the historical development of Protestant religions in Europe. Displaying the Christian nativity scene by itself on school grounds. Advertisements that promote weight loss of 10 pounds per day by simply taking a pill. President Obama demanding the CBS News not air a report on U.S. military operations against ISIS. The City of Bloomington banning the construction of a “gentleman’s” club in the city. The state of Illinois requiring that television show containing adult content/situations be aired only after 10:00 p.m. A man is arrested for burning an American flag to protest U.S. policy in Afghanistan.
On his newly released album Aryan Nation, white supremacist rap artist Master KKK includes a track entitled The only good one is a dead one. The lyrics of this song implicitly encourage physical violence against African Americans. In another track, Why didn’t Hitler invade Africa, Master KKK advocates the genocide of the African race. Concerned citizens and state officials in Illinois decide the album is too violent, extremely offensive and ban the sale of it within state boundaries. Master KKK sues claiming his 1 st amendment rights have been violated. I you are the judge in the case, how will you side?
What is more powerful, the Right to Assemble, or Freedom of Speech?
The KKK conducts a rally in a city park in Harlem, New York. At the rally, Klan members give speeches on the superiority of the white race, total separation of the races in the U.S., and advocate a plan to “send all niggers back to Africa, where they came from.” During the rally, a large group of hostile Harlem citizens begin harassing and throwing objects at Klan members. The NYPD arrests the Klan members for disturbing the peace. Is the arrest allowable?
The city of Bloomington has a law that requires groups to acquire a permit before conducting any protest marches/rallies, or parades in the city. A group of gay/lesbians are arrested while trying to hold a gay rights rally on the lawn in front of the McLean County Historical Museum, without a permit. Is the arrest allowable?
A group of upset parents conduct a protest of the discipline policy at Irving Elementary School. The protest consists of picketing and speeches, and is held directly in front of the school during school hours. The administrative staff are occupied by the protest for the entire day, keeping them from their normal duties. Many students are distracted by the march and classroom work suffers. Police eventually come and arrest the protestors. Is the arrest allowable?
The Constitution guarantees “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The right to assemble, or gather with one another to express views. The right to bring views to the attention of public officials. It must be PEACEFUL.
The government can make and enforce rules regarding the time, place, and manner of assemblies. Examples: Protest can be banned near schools and courthouses that interrupts class or court. A license or permit can be required before a march/parade can take place. However: The government’s rules must be content neutral. They can place restrictions of the basis of the time, place and manner of the assembly, but not on what the assembly is trying to say.
The rights of assembly and petition DO NOT give people a right to trespass on private property. Property owners can give permission for the assembly though.
To sign a statement that you support. Petitions are given to government officials to visibly show support for an issue. There have been no Supreme Court cases dealing with petition. General rules are that you must sign your full name, include your address, and you can only sign once.