BLACK
FREEDOM
OF
ASSEMBLY
CHAPTER 13, SECTION 5
Essential Question: How does
freedom of assembly fit within
the Constitution?
FREEDOM OF ASSEMBLY
The First Amendment protects the right of the people
peaceably to assemble, and to petition the Government for a
redress of grievances.
Freedom of assembly is closely related to freedom of speech
because most gatherings involve some form of protected
speech.
If the First Amendment protects the right to assemble and
petition, why did the government limit these rights in the
Occupy Wall Street protests?
In this lesson we will look at court interpretations of this section
of the amendment in order to answer this question.
DEJONGE V. OREGON
The 1937 Supreme Court case of DeJonge v. Oregon was one of the first
major decisions on freedom of assembly.
DeJonge was convicted for conducting a public meeting sponsored by the
Communist Party, DeJonge claimed he was not advocating criminal behavior
but simply discussing public issues.
The Court voted unanimously to overturn Oregon's conviction of DeJonge,
establishing that it was unconstitutional saying peaceable assembly for
lawful discussion cannot be made a crime.
Through the case the court established two things:
The right of assembly is as important as the rights of free speech and free
press.
Using the Fourth Amendment clause of due process the right of assembly was
incorporated to all levels of government.
LIMITATIONS ON ASSEMBLY
Freedom of assembly includes the right to parade and
demonstrate in public, therefore assembly usually
occurs in parks, streets or sidewalks, however this can
lead to interfering with the rights of others.
Demonstrations have a high potential for violence
because those with opposite views may launch
counterdemonstrations, this can result I heated verbal
or physical clashes, therefore many states and cities
require groups wanting to demonstrate or parade to
first obtain a permit.
LIMITATIONS ON ASSEMBLY IN
NEVADA
In Nevada, permits are required:
if the protest will block vehicle or pedestrian traffic
if it will take place on the steps of a courthouse
for groups over 75 in a public park
if using amplified sound
IS THIS LEGAL?!?!?!?
Graphic Organizer:
The ways government can regulate freedom of assembly
Regulations on
freedom of assembly
Permits may be
required
Limits can be
placed on
protests on
public property
not usually
open to public
access
Demonstrations
that disrupt
others can be
banned
Restrictions
must apply to
all groups
Group Work
In a group of two or three, think back on the video we watch at the
beginning of the lesson (Occupy Wall Street). On one sheet of paper, on
the top write the names of everyone in the group. Discuss this question
with your group: Were the actions that the various city governments
used against demonstrators constitutional? Answer it on the group
paper. Next, based on the information that we learned in this lesson
and the use of examples from your text book, brainstorm and list
various things the protestors could have done in order to avoid police
resistance on your paper.
REMINDERS
CHAPTER 13 ASSESSMENT DUE
THURSDAY, FEB. 19th AT BEGINNING OF
CLASS
CHAPTER 13 TEST ON FRIDAY, FEB. 20th