Protection of
Freedom of Assembly
Without this freedom,
there would be no interest groups
and
no political parties.
DeJonge v. Oregon (1937)
Public meeting held by Dirk DeJonge and
three other Communist Party leaders.
The Communist Party was outlawed in
Oregon. They were arrested and
convicted of holding an illegal meeting.
Supreme Court ruled:
“Peaceable assembly for lawful
discussion cannot be made a crime.”
General Rule
Within reasonable limits, any group and any
cause has the right to demonstrate or
assemble.
But no group can simply hold a spontaneous
demonstration anytime, anywhere, and
anyway it chooses.
Assembly on Public Property
May use parks, streets, sidewalks, etc.
May interfere with the rights of public to
use these public facilities.
May advocate unpopular causes.
May provoke violent response from
observers.
Therefore, parades & demonstrations are
subject to some government regulation.
Assembly on Public Property
• The state can require permits for
parades, protests,
demonstrations, etc.
• The state can limit use of certain
public property to those
purposes for which it is intended.
(jails, schools, courthouses, etc.)
Assembly and Property Rights
• Not allowed to convert private
property to your own use.
(Example: Cannot “occupy” a mall,
etc., to protest.)
• Not allowed to block the entrance to
an abortion clinic.
Freedom of Assembly versus Right to Privacy
Freedom of Assembly versus Right to
Privacy
Remember the discussion about
protesting in front of the mayor’s house
(Freedom of Speech)?
Always remember that Right to Privacy
will trump Freedom of Speech and
Assembly.
Assembly and Disorder
Nazis in Skokie, Illinois
Collins v. Smith (1977)
Small group of Nazis (25-30) filed for parade
permit in suburb of Chicago with many Holocaust
survivors.
Because of fear/threat of violence from observers,
city required $300,000 bond for parade permit to
pay for police protection, potential damage, etc.
Assembly and Disorder
This event was so
important that several
books were written
about it.
Assembly and Disorder
ACLU assisted the Nazis in challenging the
amount of the bond as an attempt by the city to
limit the Nazi’s freedom of speech and assembly.
Supreme Court said that no community can
use parade permits to interfere with or stifle
free speech and assembly.
In the end, the Nazi’s decided to hold their demonstration in Chicago.
Few people attended and there was little newspaper coverage.
Assembly and Disorder
Westboro Baptist Church
protests at military funerals.
Supreme Court said that they have
the right to say hateful things.
Assembly and Disorder
The public “vetoes” the free speech and
assembly rights of unpopular groups by
threatening counter-demonstrations
and/or violence.
Assembly and Disorder
Feiner v. New York
(1950)
• Speaking on a street in Syracuse, Feiner urged
African Americans to fight for civil rights.
• Made derogatory remarks about Truman, the
American Legion, and local politicians.
• Crowd gathered and grew hostile.
• Three times, the police told Feiner to stop speaking because
he was inciting a riot.
• He refused and was arrested for disturbing the peace (not
because of the content of his speech).
Were his free speech and assembly rights violated?
Assembly and Disorder
Feiner v. New York (1950)
Supreme Court supported the police and
upheld the conviction of Feiner.
Police were not trying to suppress Feiner’s
rights. They were trying to preserve
public order.
But must remember, Feiner was inciting a riot
with his speech.
Assembly and Disorder
Gregory v. City of Chicago
(1969)
Case was similar to Feiner, but was
peaceful and no one was trying to
incite the observers, instead the
observers were threatening violence.
Supreme Court overturned
Gregory’s conviction saying
that observers were at fault, not
Gregory.