Freedom of Assembly Ch. 13.5.

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Presentation transcript:

Freedom of Assembly Ch. 13.5

Objectives Discover the limits on public assembly Explore constitutional protections, and how they are applied to demonstrations by unpopular groups, or to those who might incite violence.

Protecting Freedom of Assembly I. Protecting Freedom of Assembly **Why is ASSEMBLY an important right? A. DeJonge v. Oregon (1937) “peaceable assembly for lawful discussion cannot be made a crime” 1. Precedents: a. assembly = speech/press b. 14th (Due Process) protects assembly

Protecting Freedom of Assembly B. Assembly on Public Property -usually are controlled more **Why? C. Limits on Parades & Demonstrations 1. Controls: a. permits -Cox v. New Hampshire

Protecting Freedom of Assembly D. Additional Limitations: -can’t demonstrate near/at a jail -can’t demonstrate at Courthouse if it is meant to interfere -only picketing can occur near schools E. Assembly and Property 1. Private Property -violation (can’t do it!) -fixed zones for some cases (Schenk)

Public Assembly and Disorder I. Protecting Society/Rights A. Nazis v. Skokie, Illinois 1. City required $300,000 from party a. Court struck down requirement -heckler’s veto *should police protect or disperse? B. Feiner v. New York 1. Hostile Demonstrations **police can stop immediately

Protection for Labor III. Protection for Labor Look up Activity 1. Thornhill v. Alabama 2. Hughes v. Superior Court 3. Teamsters, Local 695 v. Vogt IV. Freedom of Association **should association with a group be a means of determining guilt?