Peaceable Assembly

Experience a rally or protest

Face – Off! Rules of Engagement?

Fraternities and sororities violate the right to assemble

Can Evergreen institute a curfew?

The government should crack down on white supremacy groups

Private clubs should be able to control their own membership, even if discriminatory

The right to “Peaceably Assemble”

Americans of all ages, all stations in life, and all types of dispositions are forever forming associations ... . Nothing, in my view, more deserves attention than the intellectual and moral associations in America. --Alexis de Tocqueville What associations are you a part of?

Why is this right so important? Political activism Religious freedom Social connections Professional and educational groups

What restrictions? Context – time, place, and manner Peaceable Community safety National security “Unreasonable inconvenience” 5th A – property rights

NAACP v. Alabama - “right of association”

Roberts v. United States Jaycees Minnesota Jaycees began admitting female members, defying the national organization. The Jaycees are an organization dedicated to nurturing future business and community leaders. Who wins? Roberts - Mission of organization must be consistent with exclusion.

Gay Student Services v. Texas A&M University (1977) The supreme court declined the case resulting in the removal of all legal restrictions against gay rights groups on college campuses

“If any, then all.”

Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995) “There is a fundamental First Amendment rule that a speaker has the autonomy to choose the content of his own message and, conversely, to decide what not to say."

Dale v. Boy Scouts of America – excluding gay scout leaders?

“Expressive association” 1) Is the group an expressive association? 2) Does the state regulation significantly burden that expression?

Freedom of Association vs Freedom of Association vs. discrimination…What must you prove to overcome exclusion?

1) Inconsistency

2) Damages

3) No alternatives or compromise Women’s American Bar Association? Hispanic American Bar Association?

Could we start a Focus on the Family outreach club at EHS?