BELL WORK
Write down three things
from The Week In Rap.
http://www.flocabulary.com/week-in-rap-february-13-2015/
TAKE NOTES OF ANYTHING IN:
BLACK
FREEDOM
OF
ASSEMBLY
CHAPTER 13, SECTION 5
Essential Question: How does
freedom of assembly fit within
the Constitution?
OCCUPY WALL STREET: 2011-2012
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
The process for approving a permit munt not be based
on content or viewpoint, the government cannot
impose permit restrictions simply because it does not
like the message of a certain speaker or group.
IS THIS LEGAL?!?!?!?
FEDERAL LIMITATIONS OF THE
FREEDOM OF ASSEMBLY
The Court has set public demonstration limits in some
public facilities including airports, libraries,
courthouses, schools, swimming pools and jails.
The Supreme Court has made it clear that restrictions
on freedom of assembly must be precisely worded
and apply equally to all groups.
The right to assemble does not allow a group to
demonstrate, protest or picket on private property,
even if it is open to public, for example a shopping
mall.
Picketing: patrolling an establishment to convince
workers and the public not to ender it.
THE AMERICAN NAZI PARTY AND
SKOKIE, ILLINOIS
In 1977, the American Nazi Party announced plans to rally in Skokie,
Illinois, a largely Jewish suburb of Chicago.
Citizens were outraged and argued that the Nazis should not be
allowed to march claiming it would cause great pain to residents and
cause a counter demonstration.
The city defended the citizens requiring the Nazis to purchase a
$350,000 parade permit.
This instance and others like it are referred to as heckler’s vetoes.
 Hecklers veto: the public vetoes the free speech and assembly
rights of unpopular groups by claiming that demonstrations will
result in violence.
DO YOU HAVE FREEDOM OF
ASSOCIATION?
In the 1937 case of DeJonge v. Oregon that we learned about at the
beginning of the lesson the Supreme Court extended the right to
freely assemble to protect the right of individuals to freedom of
association.
 Freedom of association: the right to join a political party, interest group,
or other organization.
Freedom of association is not absolute, especially in order to protect
national security.
 In the 1940’s the Alien Registration Act, AKA the Smith Act, was passed,
this acted made advocating forcible overthrow of any government in the
United States illegal.
 The Court has ruled that only actual preparations for the use of force against the
government are punishable.
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.
Closing Activity: Quick Write
On your paper you are using for notes: Are the religious protesters that
demonstrate near Basic High School and Brown Jr. High doing so legally?
If so, why? If you do not think they are doing so legally, how could they
change their demonstration in order to fall within Nevada legal
demonstration limits? (3-5 Sentences)
REMINDERS
CHAPTER 13 ASSESSMENT DUE
THURSDAY, FEB. 19th AT BEGINNING OF
CLASS
CHAPTER 13 TEST ON FRIDAY, FEB. 20th