Right of the people to assemble peaceably…

 

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” – Amendment One, Bill of Rights, United States Constitution

The Law Library of Congress:   The Supreme Court of the United States has held that the First Amendment protects the right to conduct a peaceful public assembly.[3]  The right to assemble is not, however, absolute.  Government officials cannot simply prohibit a public assembly in their own discretion,[4] but the government can impose restrictions on the time, place, and manner of peaceful assembly, provided that constitutional safeguards are met.[5]  Time, place, and manner restrictions are permissible so long as they “are justified without reference to the content of the regulated speech, . . . are narrowly tailored to serve a significant governmental interest, and . . . leave open ample alternative channels for communication of the information.”[6]

Such time, place, and manner restrictions can take the form of requirements to obtain a permit for an assembly.[7]  The Supreme Court has held that it is constitutionally permissible for the government to require that a permit for an assembly be obtained in advance.[8]  The government can also make special regulations that impose additional requirements for assemblies that take place near major public events.[9]

In the United States, the organizer of a public assembly must typically apply for and obtain a permit in advance from the local police department or other local governmental body.[10]  Applications for permits usually require, at a minimum, information about the specific date, time, and location of the proposed assembly, and may require a great deal more information.[11]  Localities can, within the boundaries established by Supreme Court decisions interpreting the First Amendment right to assemble peaceably, impose additional requirements for permit applications, such as information about the organizer of the assembly and specific details about how the assembly is to be conducted.[12]

The First Amendment does not provide the right to conduct an assembly at which there is a clear and present danger of riot, disorder, or interference with traffic on public streets, or other immediate threat to public safety or order.[13]  Statutes that prohibit people from assembling and using force or violence to accomplish unlawful purposes are permissible under the First Amendment.[14]

Andrew M. Winston – Legal Reference Librarian      https://www.loc.gov/law/help/peaceful-assembly/us.php

 

In 1969, the Supreme Court in Brandenburg v. Ohio replaced the ‘clear and present danger’ test with the “imminent lawless action” test, one that protects a broader range of speech. This test states that the government may only limit speech that incites unlawful action sooner than the police can arrive to prevent that action.”  The Fourteenth Amendment to the United States Constitution makes this prohibition applicable to state governments.  Remember, even if we TOTALLY disagree with a person or group, our Right to PEACEFUL Assembly along with Freedom of Speech must outweigh emotions and feelings…no matter how valid.  http://www.pbs.org/wnet/supremecourt/capitalism/landmark_schenck.html

Verne Hill

Verne Hill

The News Guy – WBFJ Family Friendly Morning Show at WBFJ fm - Your family station!
I enjoy many things: Music. Family movie nights. My American flag flapping in the wind. Sunsets at the beach. Snow days. The Sweet Tea Party. Salvation through Grace…

VERSE: “Let everything that has breath praise the LORD” Psalm 150

QUOTE: “A person who loves his job, will never work a day in his life.”

MON-SAT 6A-10A(& Sunday@5 host)
verne@wbfj.fm
Verne Hill

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Verne Hill

I enjoy many things: Music. Family movie nights. My American flag flapping in the wind. Sunsets at the beach. Snow days. The Sweet Tea Party. Salvation through Grace… VERSE: “Let everything that has breath praise the LORD” Psalm 150 QUOTE: “A person who loves his job, will never work a day in his life.” MON-SAT 6A-10A (& Sunday@5 host) verne@wbfj.fm