Chapter 19: Civil Liberties: First Amendment Freedoms ... · Chapter 19, Section 4 Copyright © Pearson Education, Inc. Slide 8 ... •The Supreme Court has ruled that judges and

Chapter 19: Civil Liberties: FirstAmendment Freedoms

Section 4

Copyright © Pearson Education, Inc. Slide 2Chapter 19, Section 4

Objectives

1. Explain the Constitution’s guarantees ofassembly and petition.

2. Summarize how government can limitthe time, place, and manner of assembly.

3. Compare and contrast the freedom-of-assembly issues that arise on publicversus private property.

4. Explore how the Supreme Court hasinterpreted freedom of association.


Key Terms

• assemble: to gather with one another• civil disobedience: the act of violating the law

in an intentional but nonviolent way to protest alaw or public policy

• content neutral: a requirement that allows thegovernment to regulate assemblies based ontime, place, and manner of assembly but not onthe basis of what might be said

• right of association: the right to join with othersto promote political, economic, and socialcauses


Introduction

• How has the Supreme Court ruled onassembly and petition cases?

– In general, the Court protects the right ofpeaceful assemblies and petitions.

– Governments have the right to set rules onhow, when, and where assemblies can takeplace, including requiring permits.

– People do not have the right to trespass or toassemble or petition on private property.


Constitutional Guarantees

• The 1st Amendment guarantees the right topeaceful assembly and to petition thegovernment.

• The 14th Amendment’s Due Process Clauseextends these rights to citizens of every state.

• The Constitution does not protect assemblies orpetitions that endanger life, property, or publicsafety.


Examples

• Assemblies include publicdemonstrations as well asorganizations such aspolitical parties andinterest groups.

• Petitions can includeletters, lobbying, andadvertisements.

• Peaceful marches andparades are protectedforms of assembly.


Civil Disobedience

• Civil disobedience involves knowinglybreaking the law in a nonviolent way toprotest a law or public policy.

• The courts have held as a general rulethat civil disobedience is not aconstitutionally protected right.– Those who take part in civil disobedience

must accept the legal consequences of theiractions.


Limits on Assembly

• Checkpoint: How has the Supreme Courtlimited the time, place, and manner ofassembly?– Governments can decide when, where, and how

assemblies can take place in order to keep thepublic peace.

– Government rules must be specific and fairlyadministered.

– Government rules must also be content neutral.They cannot regulate gatherings based on whatmight be said.

Checkpoint Answer: The Supreme Court has upheld the right of governmentsat all levels to set rules restricting the time, place, and manner of assembly,but these rules must be (a) specifically worded, (b) fairly administered toeveryone seeking to assemble, and [c] content neutral.

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Public Demonstrations

• Demonstrations tend to take place in public placessuch as streets, sidewalks, parks, or publicbuildings.

• This can conflict with the normal use of thesefacilities or streets.

• The subject of a demonstration can also lead topublic arguments.

• The Supreme Court thus allows governments torequire advance notice and permits fordemonstrations on public property.


Gregory v. Chicago, 1969

• In 1969, a group marched from Chicago’s cityhall to the mayor’s house to protestsegregation in the city’s schools.– A crowd of several hundred bystanders gathered

to protest against and throw objects at themarchers.

– The police, fearing violence, arrested themarchers for disorderly conduct when theyrefused to leave.

– The Court ruled that the violent bystanders, notthe peaceful marchers, were disturbing thepeace.


Other Court Cases

• Anti-abortion groups often hold demonstrationsto try to discourage women from going toabortion clinics.

• The Supreme Court has ruled that judges andstate laws may impose buffer zones limiting howclose demonstrators may come to clinics.

• These measures fall within the government’spower to limit how, when, and where assembliestake place.

NOTE TO TEACHERS: The second bullet deals with the Court rulings inMadsen v. Women’s Health Services, Inc., 1994 and Hill v. Colorado, 2000.

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Private Property

• People do not have the right to assembleor petition on private property withoutpermission.

– No one has the absolute constitutional right tohand out leaflets or ask for petition signaturesin a shopping mall.

– However, the courts can rule that shoppingcenter owners should give permission for thereasonable exercise of the right to petition.

NOTE TO TEACHER: The key case on this issue is Lloyd Corporation v.Tanner, 1972

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Private and Public Property

• The right to peacefully demonstrate on public property isconstitutionally guaranteed, yet demonstrations onprivate property are not constitutionally guaranteed.– Why has the Court ruled differently on public and private

property demonstrations?

Answer: Privately owned places, like shopping centers, are not “places ofpublic assembly” and thus, no one has a constitutional right to do such thingsas hand out political leaflets or ask people to sign petitions in those places.Yet, many State constitutions encourage businesses to allow petition. In thatevent, there is no violation of the property owners’ rights.


Freedom of Association

• Checkpoint: What is the right of association?

– The right to join with others to promote political,economic, and social causes.

– It has been upheld as a constitutional right by theSupreme Court. People cannot be fired for belongingto associations and do not have to reveal them topractice law.

– Associations do not have to accept members if doingso would contradict the beliefs of the association.

Checkpoint Answer: The constitutional right to join with others to promotepolitical, economic, and social causes.

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Review

• Now that you have learned how theSupreme Court has ruled on assemblyand petition cases, go back and answerthe Chapter Essential Question.– How can the judiciary balance individual rights

with the common good?

Documents

Chapter 19: Civil Liberties: First Amendment Freedoms ... · Chapter 19, Section 4 Copyright © Pearson Education, Inc. Slide 8 ... •The Supreme Court has ruled that judges and