Freedom of Assembly and Petition 1st Amendment
1st Amendment Guarantees “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Time-Place-Manner The government may place regulations on the time, place, and manner in which you assemble and protest Government rules must be content neutral
Freedom to Assemble Cases Grayned v. City of Rockford (1972): Court upheld a city ordinance that prohibits making a loud noise or causing any diversion near a school (disrupt school activities) Cox v. Louisiana (1965): Court upheld a city ordinance that forbids parades or protest near a courthouse when they intended to influence the court proceedings Forysth County v. Nationalist Movement (1992): Court threw out a Georgia county ordinance that levied a fee of up to $1,000 for public demonstrations (discretionary fee) Cox v. New Hampshire (1941) Court upheld a state law that required a licenses to hold a parade on a public street NO LOCK OUT NO EXAMS
Freedom to Assemble Cases Madsen v. Women’s Health Services, Inc. (1994) Court upheld a Florida judge’s order directing anti-abortion protesters not to block access to an abortion clinic (36-foot) buffer zone Hill v. Colorado (2000): Court upheld a buffer zone regarding “side walk counseling” at entrance to an abortion clinic (no unwanted approach) Gregory v. Chicago (1969): So long as demonstrators act peacefully, they cannot be held accountable for disturbances that arise because of their demonstration
Freedom of Association Implied by the 1st Amendment (freedom to assemble) National Association for the Advancement of Colored People v. Alabama (1958): Court struck down a court order requiring the NAACP to provide the state with a list of all it’s members Boy Scouts of America v. Dale (2000): Court held that the Boys Scouts have a constitutional right to exclude gays from their organization