First Amendment Contains the Right to Assembly – or does it?
Right to Assembly? Is it really a right? Let’s get educated
together since many fail to look up what the US Constitution actually says.
If you are an American citizen I
urge each and every person to learn the law as much as possible on every
level. I was always taught, “Ignorance
is no excuse for breaking the law.” I learned it through reading Aristotle: “nemo censetur ignorare legem”; which is Latin
translated: “nobody is thought to be ignorant of the law.” I was taught this by
my parents, in political science 101 as an undergrad, in Government classes, various
justice classes, and while studying for my Master’s.
But….
I will tell you this, I am not a
legal expert nor an attorney. That sounds funny because one would like to think
that attorneys are legal experts? I would say about 1/3rd of all the
lawyers in the US are legal experts. A very well thought of example is our
current government (state and national): many of those lawyers who hold office
have no idea what the law is. This is where you have to trust me, the law
itself is HUGE!
“The First Amendment to the US
Constitution prohibits the US Congress from enacting legislation that would
abridge the right of the people to assemble peaceably. The Fourteenth Amendment
to the US Constitution makes this prohibition applicable to state governments...The
USSC has held that the… right to assemble is not, however, absolute. Government
officials cannot simply prohibit a public assembly in their own discretion, but
the government can impose restrictions on the time, place, and manner of
peaceful assembly, provided that constitutional safeguards are met. Time,
place, and manner restrictions are permissible so long as they are justified…
leave open ample alternative channels for communication of the information…
permissible for the government to require that a permit for an assembly be
obtained in advance… localities can, within the boundaries established by the
USSC decisions interpreting the First Amendment right to assemble peaceably,
impose addition requirements… 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.” [1]
Now that it is clearly spelled
out, to assemble a permit is required. Can an assembly block public streets? It
probably can in the case where government has approved. An example: Thanksgiving
Day parade on a national holiday; perhaps Gay Pride Day; perhaps a Circus that
is parading like the Shriners Circus—for charity which is generally on a
weekend; Mardi Gras Parades; MLK Celebrations; Cinco de Mayo; Million Man March
in Washington had a permit. These types of assemblies generally have paid
security to ensure peace. These groups mentioned received, in advance, the
green light to assemble from governments. If a protest group is not permitted,
then criminal charges may be filed. I have found these in most cases to be
things like misdemeanors like a disorderly conduct or criminal trespass. Some states
might consider this a ticket offense and some police may have the option to
take the unsanctioned protestors to jail.
Let me tell you something of
particular note. People have the choice to run over some protestor or request
police assistance to get past their assembly if it is not a sanctioned
(permitted) assembly by law. If you as a motorist decide to run over some
protestor, then I believe you may have broken the law and may be accused of felonious
assault with a vehicle. Some states may have in place laws that prohibits one
from breaking through a permitted sanctioned assembly gathering in a motor
vehicle.
Complain or moan, I do not want
to participate in protest that is not sanctioned. Some of the protests have had
negative effects recently in the hearts and minds of many people especially the
justice system hypocrisy lately.
No one is doubting that the US
Justice Systems – National and State wide needs a little updating or
cohesiveness, consistency from state to state, or what some would call absolute REFORM.
To make change, we must make the
reasoning a good cause. We must gather in a positive manner and work every
angle that is positive. In the same breath, we should remember, those that work
in the Justice Systems are human beings. They too are capable of making
mistakes like the rest of us. The cause for change has to be united no sexual
reasons, racial reasons, rights reasons, etc., which these three cover broad
topics but united – what is best for the country.
Some of the mistakes I have seen
in my life time is that change was made, but people resisted because they were
not united. I can use the Civil Rights Movement because certain parts of the country
needed to be on board but were not educated enough to actually make correct decisions.
This caused way too much pain and suffering.
Another example was the ERA
Amendment that was never ratified. Parts of the country were not educated enough
to actually make the correct decisions either. This caused a set-back in the
case of people and the inequality of compensation; an inequality that is being
felt so much more now than ever.
Also be aware, in history, government involvement to help can actually hurt us in the long run as a group overall. Why? You are smart people think about it.
SO…
Before anyone gets involved in a cause, think! Think hard about both sides of the spectrum, the coin. Be humane and respectful in all actions. Let
us move forward.
Think about this… How long did it
take for the Berlin Wall to come down? It didn’t happen overnight. Change in America takes time, patience, and perseverance. LEARN THE LAW and when in doubt, ask a legal professional,
like the one source I cited below. Don’t
break the law.
GOD BLESS YOU ALL.
[1]
Winston, Andrew M. “Right to Peaceful Assembly: United States.” Library of Congress Web-Connect with the
Library. October 2014. (Accessed 24th June, 2017) https://www.loc.gov/law/help/peaceful-assembly/us.php
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