CH FREEDOM OF ASSEMBLY AND PETITION ADVANCED AMERICAN GOVERNMENT

THE CONSTITUTION’S GUARANTEES The Ist Amendment states: “…the right of the people peaceably to assemble, and to petition the Government for redress of grievances.” ASSEMBLE—to gather with one another Things protected: written petitions, letters, or advertisements; lobbying; or parades, marches, or other demonstrations

CIVIL DISOBEDIENCE—violating the law nonviolently but deliberately Does the 1 st and 14 th Amends. Protect civil disobedience? Courts have consistently said the civil disobedience is not protected

TIME-PLACE-MANNER REGULATIONS Government can make and enforce reasonable rules concerning time, place, and manner of assemblies Grayned v. City of Rockford (1972)—USSC said a city could create a noise ordinance if an assembly near a school caused a disruption to activities Government rules must be CONTENT NEUTRAL Can’t regulate what is said

PUBLIC PROPERTY Most demonstrations take place on public property: streets, sidewalks, public parks There is always some degree of conflict USSC normally requires advance notice of a demonstration by requiring a license, etc. GREGORY V. CHICAGO (1969)

While under police protection, Dick Gregory and others marched, while singing, chanting, and carrying placards, from city hall to the mayor’s house 5 miles away They demanded the firing of the school’s superintendent and an end to de facto segregation A crowd of hundreds gathered, including many residents from the all-white neighborhood

Bystanders began throwing insults and threat, as well as rocks, eggs, and other things Police tried to keep order, but they decided serious violence was going to break out Demonstrators were ordered to leave the area Gregory and others refused and were arrested and charged with disorderly conduct

Their arrests and convictions were unanimously overturned USSC said they were just exercising their constitutional rights of assembly and petition Neighborhood residents caused the disruption, not the marchers

Hill v. Colorado (2000)—USSC ruled 5-4 upholding a state law the limits “sidewalk counseling” at abortion clinics. Law creates an 8-foot buffer zone around anyone within 100 feet of the entrance No one may make an “unwanted approach” to talk or do such other things as hand out a leaflet or wave a sign

PRIVATE PROPERTY What is the ruling about demonstrations on private property such as a shopping mall? Very few cases but the right of assembly cannot be used to trespass on private property

FREEDOM OF ASSOCIATION This guarantees the right to associate with others to promote political, economic, and other social causes NAACP vs. Alabama (1958)—”…it is beyond doubt that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect” of constitutional guarantees

Boy Scouts of America v. Dale (2000)—The BSA has a constitutional right to exclude gays from their organization The New Jersey Supreme Court had said that Eagle Scout James Dale, who was dismissed because he was gay, should be re-instated. THE END