1. Freedom of Assembly Hayley Armstrong Caroline Khokhar 3rd Period

2. English Common Law ● Ancient unwritten law of England that is based on custom ○ Middle Ages ○ Curia Regis ● Enforced by judgements in the court-- precedent ● Uncodified ● Adversarial system ● Only applies to civil cases

3. What is the Freedom of Assembly?

4. Background Information ● First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” ● Protects the right to conduct a peaceful assembly ● Founding Fathers used to meet in secret ● Committees of Correspondence

5. De Jonge v. Oregon 1937

6. So What Had Happened Was... ● Communist Party held a meeting led by Dirk De Jonge ● Police raid meeting and De Jonge is arrested ○ Criminal syndicalism statue- using terrorism or anything illegal as a way to invoke political reform ● De Jonge claimed there was not enough evidence for conviction Court’s Decision: the Supreme Court decided that De Jonge had the right to hold a public assembly, despite controversy over the group, and is protected under the 1st Amendment. Significance: This case shows that citizens have protection if they want to join or leave any group (association) and also if they want to hold a peaceful gathering or protest (assembly)

7. Hague vs. Committee

8. ● On November 29, 1937, an assembly was called in jersey city to discuss recruitment and the Labor Union ● Ordered by Mayor Frank Hauge, police raided and seized the groups materials. ● Hauge argued that he was only enforcing a city ordinance that forbade gatherings of groups that “advocated obstruction of the government by unlawful means.” ● Referred to them as Communist ● Violated the first Amendment ● Group filed a suit against city officials ● Plurality opinion ● The actions taken by the police violated the First Amendment

9. Cox v. New Hampshire 1941

10. ❖ New Hampshire prohibits any “open-air” gatherings in public without an approved license ❖ Jehovah’s Witnesses held a sidewalk parade and passed out flyers without license ❖ They were fined ❖ Cox challenged the fine ❖ By unanimous opinion, the Court said that this fine does not oppose the First or Fourteenth Amendment ❖ State regulation does not destroy liberty

11. Cox v. Louisiana 1964

12. B. Elton Cox was a member of CORE Congress of Racial Equality (1941) Planned a march through Baton Rouge that would end at the courthouse for a demonstration Cops ordered the CORE to move Were forcibly dispersed Louisiana statute 14:410 prohibited pickets and parades near a courthouse $5,000 & one year in jail 5-4 majority decision was made in favor of Cox, arrest was overturned Precedent was set that peaceful protest is protected

13. Skokie v. National Socialist Party of America 1977

14. ❖ Skokie is a dominantly Jewish town ❖ Collin talks to local police about a rally the Neo-Nazis want to hold ❖ Media starts reporting on the rally ❖ Jewish community starts to organize a gathering to oppose the Nazi’s ❖ Attendance ratio ≈ 50 Neo-Nazis: 15,000 Jews ❖ Illinois Supreme Court denied Collin’s request to stay with Justic John Paul Stevens ❖ Per curium Court decision in favor of the National Socialist Party of America ❖ After the Court decided this, Holocaust survivors set up a museum to honors the Jews that died ❖ The Court showed that there is freedom of Association and Assembly despite the controversy that can take place

15. Richmond v. Newspaper 1980

16. Richmond Newspaper Inc. v. Virginia ● After mistrial in murder case, case was closed to public by judge ● Two reporters challenged the judge’s decision ● 7-1 decision ● The Richmond Newspaper Inc., by the First Amendment, was allowed in the court during the trial.

17. Madsen v. Women’s Health Service

18. Abortion clinic in Florida Pro-lifers were becoming violent in their protests at the clinic Florida State court applied certain rules/regulations to Judy Madsen and others’ protests The following questions were under review: Is the 36-ft buffer zone an infringement to the First Amendment? Do the noise limit regulations prohibit free speech? Is it a First Amendment breach to bar protesters from patients while they are within a 300-ft distance from the clinic? The Court ruled a 6-3 vote in favor of Madsen Certain regulations could be applied at an extent This showed the extent at which a group is allowed to protest, created some guidelines to how many restraints can be applied to gatherings and protests without impeding on the First Amendment

19. Hurley v. GLIB

20. ● South Boston Allied War Veterans Council was allowed to organize the St. Patrick's Day Parade. ● The Irish- American Gay, Lesbian and Bisexual Group of Boston (GLIB) was denied a spot in the parade ● Massachusetts State Court ordered the Veterans' Council to include GLIB because of discrimination against sexual orientation. ● The Veterans' Council claimed that including the members in the parade violated their free speech. ● State to Federal Court ● Unanimous vote for Hurly The Basics

21. Verdict Since this was a privately organized parade, the organizers had a say in who was involved in the parade.

22. Schenek v. Pro Choice

23. The Basics ❖ Filed by the Pro-Choice Network of Western New York ❖ Put in place to stop Scheneck from putting up blockades and other disruptive and illegal activities in front of abortion clinics ❖ Restraining order proved ineffective ❖ Preliminary injunction creating "fixed buffer zones ❖ 6-3 Decision ❖ Majority Opinion given by Rehnquist Verdict: ❖ Fixed Buffer Zones were constitutional, but Floating buffer Zones were not. ❖ Fixed Buffer Zones protected the government’s interest in public safety

24. Boy Scouts v. Dale

25. Boy Scout v. Dale ● Dale was a former Eagle Scout and Scoutmaster ● Organization found out he was homosexual and a gay rights activist ● Dale filed a suit claiming that the Scouts violated the New Jersey Statute that violated discrimination based on sexual orientation in public accommodations ● Boy Scout morals ● Private and nonprofit ● State to Federal court ● The court rejected the Boy Scouts' federal constitutional claims ● court decided that reinstating Dale did not compel the Boy Scouts to express any message

26. Cont. ● 5-4 opinion delivered by Chief Justice William H. Rehnquist ● For Boy Scouts ● Does not violate First Amendment rights to ban homosexuals as scout leaders. ● "The Boy Scouts asserts that homosexual conduct is inconsistent with the values it seeks to instill," "would, at the very least, force the organization to send a message, both to the young members and the world, that the Boy Scouts accepts homosexual conduct as a legitimate form of behavior."

27. Works Cited "Assembly and Association - Bill of Rights Institute." Bill of Rights Institute. N.p., n.d. Web. 23 Sept. 2016. "Boy Scouts of America v. Dale." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 24, 2016. https://www.oyez.org/cases/1999/99-699 "Cox v. New Hampshire." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 25, 2016. https://www.oyez.org/cases/1940- 1955/312us569 "Cox v. Louisiana." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 25, 2016. "De Jonge v. Oregon." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 23, 2016. https://www.oyez.org/cases/1900- 1940/299us353 "FindLaw's United States Supreme Court Case and Opinions." Findlaw. N.p., n.d. Web. 23 Sept. 2016. "Freedom of Assembly." - New World Encyclopedia. N.p., n.d. Web. 27 Sept. 2016. "Hague v. Committee for Industrial Organization." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 24, 2016. https://www.oyez.org/cases/1900-1940/307us496 "Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc.." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 24, 2016. https://www.oyez.org/cases/1994/94-749

28. Cont. "Madsen v. Women's Health Center, Inc.." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26, 2016. https://www.oyez.org/cases/1993/93-880 "National Socialist Party of America v. Village of Skokie." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 25, 2016. https://www.oyez.org/cases/1976/76-1786 "Richmond Newspapers Inc. v. Virginia." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26, 2016. https://www.oyez.org/cases/1979/79-243 "Schenck v. Pro-Choice Network of Western New York." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 24, 2016. https://www.oyez.org/cases/1996/95-1065 "The History of CORE." The History of CORE. N.p., n.d. Web. 25 Sept. 2016.