The right to peaceful protest grants groups of people the ability to come together to express, promotes, pursue, and defend ideas collectively. Also known as freedom of association, allows groups to assemble, speak, and be heard, publicly in a non-violent manner, and in some cases on private property.
Assemble For Support
Protests have long been used to cement public support and change opinions. This clause grants workers and unions the opportunity to strike. Additionally, allowing advocates, demonstrators, and other types of groups to march for their particular cause.
Not An “Anything Goes” Right
This clause protects reasonable acts of an assembly from federal and state restriction and interference. The requirement of permits and police notification for more massive rallies and parades deemed permissible as long as done equally amongst organizations. Permit fees required to be reasonable and equivalent regardless of potential outcry/police presence needed.
Limitations exist about “time, place, and manner” which furthers legitimate regulatory objectives. In other words, the assembly should not interfere with nearby activities or create traffic congestion. The right to assembly does not protect conduct in which there is “clear and present danger” of riots and disorder or imposes an immediate threat to public safety. Acts, such as the violent, destruction of property and blocking traffic already deemed a violation by the Courts.
Fun Fact
Before the American Revolution, the Continental Congress published the Declaration and Resolves of October 14, 1774. A line included read, people “have a right to peaceably assemble, consider of their grievances, and petition the king.” This document listed American’s grievances against King George III and the British Parliament. Post-Revolution, several states included verbiage concerning assembly, which James Madison’s adapted to the initial Bill of Rights draft.
