FREEDOM OF ASSEMBLY
1-How is Freedom of Assembly related to freedom of speech?
Most gatherings involve some form of protected speech.
Without this freedom, no political parties or special interest
groups could exist to influence the actions of government.
2-DeJonge v. Orange [1937]
Explain the background of the caseDeJonge was convicted for conducting a public
meeting sponsored by the Communist Party.
He claimed he was innocent because he had not
advocated any criminal behavior but had just
discussed public issues.
2-DeJonge v. Orange [1937]
What was the outcome of the case?
The Supreme Court voted unanimously to overturn DeJonge’s conviction.
Under the First Amendment, “peaceable assembly for lawful discussion
cannot be made a crime.
What were the two legal principles established?
1st Legal Principle:
The right to assembly is as important as the rights to free speech
and free press
2nd Legal Principle:
The due process clause of the 14th Amendment protects freedom of
assembly from state and local governments [incorporation]
3-Why do conflicts sometimes arise when people
parade and demonstrate in public?
Because these activities usually occur in parks, in
streets, or on sidewalks, they could interfere with
the rights of others to use the same facilities.
4-Explain why demonstrations may be subject to greater
government regulation than pure speech and other kinds of
assembly.
• Conflicts arise when parades and demonstrations advocate
unpopular causes.
• There is a high potential for violence. Therefore, they are
subject to greater government regulation than pure speech and
other kinds of assembly.
• It is a question of public safety.
5- Using the information in Cox v. New Hampshire, explain
why people wanting to stage a parade can be required to get a
permit.
• Cox was one of several Jehovah’s Witnesses convicted of
violating a law requiring a parade permit.
• Cox challenged his conviction on the grounds that the permit law
restricted his rights of free speech and assembly.
• The court upheld the permit law stating that the law was not
designed to silence unpopular ideas, but to ensure that parades
would not interfere with public use of the streets.
• The law was meant to ensure public safety.
6-Discuss three public areas where limits can be imposed on the right to
assemble. For each area explain why the courts said there could be
limits imposed.
Area: County Jails
Why: Even though the jail was public property, it was not usually open to
public access
Area: Near courthouses
Why: May interfere with trials
Area: School classes
Why: Disrupt classes
7-Summarize the section: The Nazis in Skokie 1977:
• The American Nazi Party announced plans to hold a rally in Skokie, Ill
which is a largely Jewish suburb of Chicago.
• Many of the residents were survivors of the Holocaust
• People argued that the Nazis should not be allowed to march; the march
would cause great pain to people and would attract
counterdemonstrations.
• To prevent the march, the city required the Nazis to post a #350,000
bond to get a parade permit.
The Nazis claimed that the high bond interfered with free speech and
assembly
NAZIS INVADE SKOKIE
https://www.youtube.com/watch?v=r8X8Q0pzwyw\
8-What is a “heckler’s veto”?
The public vetoes the free speech and assembly rights of
unpopular groups by claiming that demonstrations will
result in violence.
Such claims can be effective because government officials
find it easier to curb unpopular demonstrations than to take
measures to prevent the violence.
PHELPS V. SNYDER [2011]
https://www.youtube.com/watch?v=tXruMg_lKoE
PHELPS V. SNYDER VERDICT
https://www.youtube.com/watch?v=xpLfmUaHskw