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District 87 mandating a 1 minute prayer at the beginning of each school day.
The class valedictorian conducting a prayer during his address at graduation.
Teaching creationism as well as evolution in biology classes.
Teaching the historical development of Protestant religions in Europe.
Displaying the Christian nativity scene by itself on school grounds.
Advertisements that promote weight loss of 10 pounds per day by simply
taking a pill.
President Obama demanding the CBS News not air a report on U.S. military
operations against ISIS.
The City of Bloomington banning the construction of a “gentleman’s” club in
the city.
The state of Illinois requiring that television show containing adult
content/situations be aired only after 10:00 p.m.
A man is arrested for burning an American flag to protest U.S. policy in
Afghanistan.
On his newly released album Aryan Nation,
white supremacist rap artist Master KKK
includes a track entitled The only good
one is a dead one. The lyrics of this
song implicitly encourage physical
violence against African Americans. In
another track, Why didn’t Hitler invade
Africa, Master KKK advocates the
genocide of the African race. Concerned
citizens and state officials in Illinois
decide the album is too violent,
extremely offensive and ban the sale of
it within state boundaries. Master KKK
sues claiming his 1st amendment rights
have been violated. I you are the judge
in the case, how will you side?
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What is more powerful, the Right to Assemble, or Freedom of Speech?
The KKK conducts a rally in a city
park in Harlem, New York. At the
rally, Klan members give
speeches on the superiority of
the white race, total separation
of the races in the U.S., and
advocate a plan to “send all
niggers back to Africa, where
they came from.” During the
rally, a large group of hostile
Harlem citizens begin harassing
and throwing objects at Klan
members. The NYPD arrests the
Klan members for disturbing the
peace. Is the arrest allowable?
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The city of Bloomington
has a law that requires
groups to acquire a permit
before conducting any
protest marches/rallies, or
parades in the city. A
group of gay/lesbians are
arrested while trying to
hold a gay rights rally on
the lawn in front of the
McLean County Historical
Museum, without a permit.
Is the arrest allowable?
A group of upset parents conduct a
protest of the discipline policy at
Irving Elementary School. The
protest consists of picketing and
speeches, and is held directly in
front of the school during school
hours. The administrative staff
are occupied by the protest for the
entire day, keeping them from
their normal duties. Many
students are distracted by the
march and classroom work
suffers. Police eventually come
and arrest the protestors. Is the
arrest allowable?
The Constitution guarantees “…the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances.”
 The
right to assemble, or gather with one another
to express views.
 The right to bring views to the attention of public
officials.
 It must be PEACEFUL.
The government can make and enforce rules regarding
the time, place, and manner of assemblies.
Examples:
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Protest can be banned near schools and courthouses that interrupts
class or court.
A license or permit can be required before a march/parade can take
place.
However:
The government’s rules must be content neutral. They can place
restrictions of the basis of the time, place and manner of the assembly,
but not on what the assembly is trying to say.
Restrictions on the right to demonstrate:
Cox v. New Hampshire, 1941: the Supreme Court approved a
State law requiring a license to hold a parade on a public
street.
Gregory v. Chicago, 1969: so long as demonstrators act
peacefully, they cannot be held accountable for disturbances
that arise because of their demonstration.
Madsen v. Women’s Health Services, Inc., 1994, and Hill v.
Colorado, 2000: the Supreme Court approved laws creating
buffer zones around abortion clinics and people going in and
out of them.
The rights of assembly
and petition DO NOT
give people a right to
trespass on private
property.
Property owners can give
permission for the
assembly though.
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To sign a statement that you
support.
Petitions are given to government
officials to visibly show support for
an issue.
There have been no Supreme
Court cases dealing with petition.
General rules are that you must
sign your full name, include your
address, and you can only sign
once.