4
Group 3
Carol Ann Trapani, Lindsey Lyons, and Gabby Zimmerman
How does the court view your freedoms on public property v. private property?
What does the right to assemble peaceably mean?
What are time-place-manner regulations?
Public: Most demonstrations (assemblies) take place in public places because it's the public the demonstrators want to reach. The Supreme Court has often upheld laws that require advance notice and permits for demonstrations in public places.
Private: The rights of assembly and petition do not give people a right to trespass on private property, even if they wish to express political views. A State supreme court may interpret the provisions of that state's constitution in such a way as to require the owners of shopping centers to allow the reasonable exercise of the right of petition on their private property.
That someone can gather together with others without fear from the government that they are a mob
OR
meetings without violence or public disturbance
Government can make and enforce reasonable rules regarding the time, place, and manner of assemblies. However, the governments rules must remain neutral. These rules cannot regulate assemblies on the basis of what might be said there.
Grayned v. City of Rockford
Cox v. New Hampshire
The city of Rockford has an anit-noise law that prohibited anyone from making noise, or diversions while next to a school that was in session. Richard Grayned was convicted for violating this law. He was protesting for racial equality in education.
Sixty eight Jehovah's Witness gathered in front of their church and divided up and started marching along the sidewalks . They were displaying and handing out fliers advertising a meeting . All sixty eight were convicted for violating the law in New Hampshire which prohibits parades and processions on public streets without a license.
The Supreme Court Rule: The court upheld the ability to impose regulations that create order and safety for the public that do not infringe on the civil liberties of its people.
The Supreme Court Rule: The supreme court ruled the protesting and picketing as invalid. The court did not convict Grayned for picketing and protesting, instead he was convicted for a noise disturbance near a school while in session.
Gregory v. Chicago
Dick Gregory and others had marched from the city hall to the mayors home while chanting and carrying signs. The march was to demand the firing of the city's school superintendent, and also to end segregation in the city's schools. Residents of an all-white neighborhood gathered. These bystanders began throwing objects and threatening the protesters. The police has took account that serious violence was about to occur and ordered the demonstrators to evacuate the area. When Gregory and others has refused to do so, the police arrested them, charging them with disorderly conduct.
Supreme Court Ruling: The court had overturned the convictions, stating that the demonstators were only practicing their contitutional rights of assembly and petition. The court stated that the bystanders had caused the disorder and that as long as the demonstrators were acting peacefully they could not be convicted of wrong doing.
Hill v. Colorado
Boy Scouts of America v. Dale
A Colorado law limits "sidewalk counseling" at healthcare clinics, particularly where abortions are performed. This statue created an 8 foot "bubble" around anyone who is within 100 feet of the facility for anyone who wants to enter. People are not allowed to talk, hand out leaflets, or wave signs at a person with out their consent. Leila Hill and others, sidewalk counselors who offer abortion alternatives to women, fought to abolish the statues enforcement, stating that it violates their freedom of speech and right to a free press.
Supreme Courts Ruling: The court found taht the Colorado law does not deal with the content of abortion protestors' speech. Instead the law is focused on where, when, and how their message is delivered.
In Boy Scouts of America v. Dale,2000, it held that the Boy Scouts have a constitutional right to exclude gays from their organization. The Supreme Court ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing adult leaders would interfere with that message. Jame Dale was expelled from the Boy Scouts for making his homosexuality public. Today, court is neutral about it and whatever the Boy Scouts do does not matter but the First Amendment says "to accept members where such acceptance would derogate from the organization's expressive message."