TOPIC
Right for People to Assemble and Petition the Government
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Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. It is held to be a key right in liberal democracies, whereby citizens may form or join any political party, special interest group, or union without government restrictions. In legal systems without freedom of assembly, certain political parties or groups can be banned with harsh penalties for any members. Public protests against the government are usually banned as well.
The freedom of assembly in order to protest sometimes conflicts with laws intended to protect public safety, even in democratic countries: in many cities, the police are authorized by law to disperse any crowd (including a crowd of political protesters) which threatens public safety, or which the police cannot control. The idea is to prevent rioting. Often local law requires that a permit must be obtained in advance by protest organizers in order to prepare emergency services and response. Sometimes this bureaucratic power is abused by lawmakers if the protest is not a popular one in the community or with the local government, with the permit process in some cities taking a great deal of time, organization, and even money required before a permit is issued -- and then, when issues, time and location restrictions are sometimes added.
The right of a citizen to peacefully 1) parade and
gather or 2) demonstrate support or opposition of public policy or 3)
express one's views is guaranteed by the freedom of speech and the right to
peaceably assemble.
Historic Roots
The First Amendment of the Bill of Rights states that Congress can make no
law hindering the right of the people to peaceably assemble. Before the Bill
of Rights, the Declaration and Resolves of the First Continental Congress
declared on October 14, 1774:
The inhabitants of the English colonies in North-America, by the immutable
laws of nature, the principals of the English constitution, and the several
charters or compacts, have the following rights: They have a right peaceably
to assemble, consider their grievances, and petition the king: and that all
prosecutions, prohibitory proclamations, and commitments for the same are
illegal. (First Amendment Cyber-Tribune)
In 1776, Pennsylvania's declaration of rights guaranteed peaceable assembly,
being the first state to recognize this right. Interestingly, in 1670,
William Penn, the founder of the colony, was arrested on Gracechurch Street,
London, for giving a sermon to a group of Quakers in the street in front of
his church. London officials had locked the hall and forbidden Penn "to
preach in any building" so he took his sermon to the streets. "He was
charged with unlawful, tumultuous assembly that disturbed the king's peace.
The judge in the case tried to force the jury to return a verdict of guilty
for William Penn… This was a bitter memory for those who believed in
religious freedom and the right for people to assemble peacefully" (FACT).
Later declarations of rights gave citizens of other states the right to
peaceful assembly - North Carolina (1776), Massachusetts (1790), and New
Hampshire (1784).
On September 25, 1789, the House and Senate agreed on twelve proposed
amendments to the Constitution and submitted them to the states for
ratification. Then, on November 21, 1798, North Carolina, with a proposed
bill of rights by Congress, ratified the original Constitution by a 194-77
vote. Virginia ratified the Bill of Rights on December 15, 1791, making it
part of the Constitution.
Importance
Originally, the right to assemble was considered less important than the
right to petition. Yet, over the years, the courts have interpreted the
First Amendment and the right of assembly has gained an importance of its
own. Listed are some key United States Supreme Court decisions relating to
the right to peaceably assemble (FACT):
United States v. Cruikshank, 92 U.S. 542 (1876), the Supreme Court said that
the "right of the people peaceably to assemble for the purpose of
petitioning Congress for a redress of grievances, or for anything else
connected with the powers and duties of the national government, is an
attribute of national citizenship, and as such, under the protection of, and
guaranteed by, the United States." The high court applied the liberty only
to any federal government's encroachment.
De Jonge v. Oregon, 299 U.S 353 (1937), the U.S. Supreme Court unanimously
ruled that the right to peaceably assemble "for lawful discussion, however
unpopular the sponsorship, cannot be made a crime." The decision applied the
First Amendment right of peaceful assembly to the states through the due
process clause of the Fourteenth Amendment.
Hague v. C.I.O., 307 U.S. 496 (1939), the high court ruled that peaceful
demonstrators may not be prosecuted for "disorderly conduct." This case also
secured streets and sidewalks as public forums.
Thornhill v. Alabama, 310 U.S. 88 (1940), the Supreme Court held that
orderly union picketing that informs the public of issues is protected by
the constitutional freedom of speech of the press and the right of peaceable
assembly and cannot be prosecuted under state loitering and picketing laws.
Edwards v. South Carolina, 372 U.S. 229 (1963), in an 8-to-1 decision, the
high court overturned the breach of peace convictions of 180 black students
who had peacefully marched to the state capitol to protest discrimination.
The police stopped the demonstration and arrested the students because they
were afraid that the 200-300 who gathered to watch the demonstration might
cause a riot. The court held the state law unconstitutionally over-broad
because it penalized the exercise of free speech, peaceable assembly, and
the right of petition for a redress of grievances. A disorderly crowd, or
the fear of one, cannot be used to stop a peaceful demonstration or cancel
the right of peaceable assembly.
Ties to the Philanthropic Sector
The right to assemble is intricately related to the formation and growth of
the philanthropic sector. It is the need to assemble, to come together and
share common beliefs and act upon those beliefs that has created the sector.
These groups have formed for many purposes, including as a part of reform
movements (from the Civil War to the suffrage cause to the civil rights
struggles), for charitable causes (i.e., American Red Cross), and for
religious practice (churches).
The right to peaceable assembly provides the opportunity for all citizens,
whether they are employed by the federal or state government, by private
businesses, or by a nonprofit organization, to participate in America's
political life and in the electoral process. An example is picketing in
cases of civil right issues and anti-war demonstrations. Picketing is
protected when it is for a lawful purpose and is conducted in an orderly
manner and publicizes some type of grievance. Many groups and organizations
use assembly as a way to show support for an idea or dispute.
Key Related Ideas
* Civil Rights
* Individual Rights
* Labor Rights and Agreements
* Liberty
* Marches
* Mission
* Movements
* Participation
* Peaceable Assembly
* Picketing
* Protests
