[ 8.4 ] Freedom of Assembly and Petition

The Constitution’s Guarantees 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.

Time-Place-Manner Regulations The government can make and enforce rules regarding the time, place, and manner of assemblies. An example of such a rule is that public areas near schools and courthouses are restricted. 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.

Time, Place, and Manner Rules

Time, Place, and Manner Rules Governments can regulate the time, place, and manner of assemblies, like this one protesting a wind turbine project, as long as the regulations are reasonable, specific, and content neutral.

Public Property

Constitutional Provisions These Occupy Wall Street demonstrators held sit-ins in public places in Manhattan to bring attention to unequal distribution of wealth and corporate influence on politics in the United States.

Private Property The rights of assembly and petition do not give people a right to trespass on private property. States can interpret their constitutions to require owners of private property, such as shopping centers, to allow people to petition on their property. 1 2 3

Freedom of Association The guarantees of freedom of assembly and petition include a right of association— the right to associate with others to promote causes. The freedom of association also means that a State cannot force an organization to accept members when that association would contradict what the organization believes in.

Assemblies on Public and Private Property The Supreme Court has outlined different rules for demonstrations, depending in part on whether they take place on public or private property.

Freedom of Association In 1958, the Supreme Court ruled that the NAACP did not have to disclose its membership list to the State of Alabama under the 1st Amendment's guarantee of freedom of association.

A. does not raise criticisms of government policies. Quiz: Constitutional Provisions A group of U.S. military veterans are planning to gather at a memorial to read the names of fallen comrades and give speeches calling for an end to war. This assembly is protected by the 1st Amendment, assuming that it A. does not raise criticisms of government policies. B. does not encourage other people to participate. C. does not interfere with the rights of other citizens. D. does not enlist the support of other groups.

D. are unconstitutional, because they are not content neutral. Quiz: Time, Place, and Manner Rules College administrators allowed an anti-war demonstration, but blocked a demonstration protesting college admissions policies. The administrators' actions A. are constitutional, because they did not limit the demonstration's location. B. are unconstitutional, because civil disobedience is constitutionally protected. C. are constitutional, because the admissions policy protest might have become violent. D. are unconstitutional, because they are not content neutral.

Quiz: Assemblies on Public and Private Property A judge nullified trespassing citations issued to a group that had staged a protest by pitching tents in a public plaza. What constitutional safeguards most likely guided the judge's decision? A. right to assemble if participants have received consent from nearby businesses B. right to assemble if participants do not interfere with the rights of others C. right to assemble as long as the cause is approved by local government agencies D. right to assemble regardless of whether the protest takes place on public or private property

Quiz: Freedom of Association In what way is the ruling in Boy Scouts of America v. Dale an example of the right of association? A. Organizations can limit membership based on the organization's overall purpose. B. Organizations cannot limit membership if doing so denies an individual's right of association. C. Organizations cannot exclude members unless they receive support from the government. D. Organizations can exclude members because they receive support from the government.

[ 8.5 ] Due Process of Law

Understanding Due Process Classic Due Process Cases The 14th Amendment and the Bill of Rights

Understanding Due Process

Just Compensation- eminent domain Individual Rights and the Public Good Just Compensation- eminent domain The right of the government to take private property 5th Amendment “Takings Clause” Ex. Interstate Highways

The Meaning of Due Process

The Police Power

Individual Rights and the Public Good To safeguard the well-being of the public, police officers routinely conduct field sobriety tests while enforcing State DUI (driving under the influence) laws.

C. a law allowing police to pump a suspect's stomach for evidence Quiz: Understanding Due Process Which of the following is an example of a violation of the 5th Amendment right to substantive due process? A. a law requiring children to attend school up until at least the age of 16 B. a law that requires gun owners to have a permit and carry it with them C. a law allowing police to pump a suspect's stomach for evidence D. a law that prohibits violent demonstrations on public property