Chapter 19 Section 5

1. Chapter 19 Section 5 Objective: To understand the limits on the freedoms of assembly and petition.

2. A. The Constitution’s Guarantees • 1. The 1st Amendment guarantees the right of people to assemble peacebly and to petition the government; the 14th amendment extends these rights to state and local governments. • 2. The court has ruled that the right to organize to influence public policy – lobbying, parades, demonstrations –is also protected • 3. Endangering life, property, or public order, however, is not protected.

3. B. Time-Place-Manner Regulations • 1. Government can enforce reasonable rules covering the time, place, and manner of assemblies. • 2. Such rules must be specific, neutral, and equitably enforced.

4. C. Demonstrations on Public Property • 1. The court has upheld laws that require advance notice and permits for demonstrations in public places. • 2. So long as demonstrators act peacefully, the police cannot punish them for disorderly conduct, even if their demonstrations lead to disorder because of the reactions of others.

5. D. Right of Assembly and Private Property • 1. The court has ruled that freedom of assembly and petition does not apply to private property. • 2. State constitutions, however, may be interpreted to allow the reasonable exercise of the right to petition on private property.

6. E. Freedom of Association • 1. Freedom of association with other to promote political, economic, and other social causes is implicit in the guarantees of freedom of assembly and petition. • 2. The right to freedom of association, however, cannot be used to exclude females or members of minority groups from clubs or organizations.