BELL WORK

What is a “gag order” and is it constitutional?

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TAKE NOTES OF ANYTHING IN:

BLACK

FREEDOM OF ASSEMBLYCHAPTER 13, SECTION 5

Essential Question: How does freedom of assembly fit within the Constitution?

OCCUPY WALL STREET: 2011-2012

FREEDOM OF ASSEMBLYThe 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 speechbecause 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. OREGONThe 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 ASSEMBLYFreedom 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 WriteOn 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