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discntnt_irny_srcsm

(18,476 posts)
Mon May 25, 2020, 07:53 AM May 2020

re: "...the right of the people peaceably to assemble..."

https://www.loc.gov/law/help/peaceful-assembly/us.php
The First Amendment to the United States Constitution prohibits the United States Congress from enacting legislation that would abridge the right of the people to assemble peaceably. The Fourteenth Amendment to the United States Constitution makes this prohibition applicable to state governments.

The Supreme Court of the United States has held that the First Amendment protects the right to conduct a peaceful public assembly. 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 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.”

Such time, place, and manner restrictions can take the form of requirements to obtain a permit for an assembly. 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. The government can also make special regulations that impose additional requirements for assemblies that take place near major public events.

...
snip
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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. Statutes that prohibit people from assembling and using force or violence to accomplish unlawful purposes are permissible under the First Amendment.

Therefore, all the idiots gathering without PPE for the purpose of protesting social distancing, stay at home directives, [where is that yellow flag with the 'don't cough on me' snake]... you folks need to take your protest first to 1 First St NE, Washington, DC 20543. Bring an attorney, hopefully one a bit smarter than yourselves.
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re: "...the right of the people peaceably to assemble..." (Original Post) discntnt_irny_srcsm May 2020 OP
No constitutional right is absolute. Laelth May 2020 #1
Some misunderstanding also arises from the idea the Bill of Rights... discntnt_irny_srcsm May 2020 #4
Same Here ProfessorGAC May 2020 #11
In certain cases, such as freedom of speech... discntnt_irny_srcsm May 2020 #12
What cases were these from? 3Hotdogs May 2020 #2
Please see the footnoted data at the embedded links in the quoted text at the given link... discntnt_irny_srcsm May 2020 #5
Republicans have totally lost the script C_U_L8R May 2020 #3
Well maybe not all Republicans discntnt_irny_srcsm May 2020 #8
This yellow flag and snake? ... Hermit-The-Prog May 2020 #6
Good one n/t discntnt_irny_srcsm May 2020 #9
Recommended. H2O Man May 2020 #7
Reading the case, thanks. discntnt_irny_srcsm May 2020 #10

discntnt_irny_srcsm

(18,476 posts)
4. Some misunderstanding also arises from the idea the Bill of Rights...
Mon May 25, 2020, 09:34 AM
May 2020

Last edited Mon May 25, 2020, 12:36 PM - Edit history (1)

...explains and details personal and civil rights. As I understand it, the BoR is a firewall against government violation of individual rights. It was the states demand for constitutional protection for individual right that prompted the inclusion of the BoR. The 14th extended that protection to restrict state governments as well.

IMHO, the thinking that any article in the BoR articulates completely an individual right is seriously misguided.

I have a few thoughts concerning protest leaders going off such that they exhibit obvious ignorance of their target ideologies:
- they just aren't the brightest pixel on the jumbotron
- they often have a greater need for popularity than for the conveying of a grievance
- they attract 2 types of followers: those with rational deficiencies, those who hope to profit from the exercise


Have a great day.

ProfessorGAC

(64,852 posts)
11. Same Here
Mon May 25, 2020, 02:05 PM
May 2020

It's more a prohibition on the government taking certain arbitrary actions abridging right.
It does not prohibit any reasonable, non- capricious regulations.
Never has.

3Hotdogs

(12,330 posts)
2. What cases were these from?
Mon May 25, 2020, 08:16 AM
May 2020

Sorry, Mrs. W., (9th grade Eng. teacher. I know. I ended the sentence with a preposition.).

discntnt_irny_srcsm

(18,476 posts)
5. Please see the footnoted data at the embedded links in the quoted text at the given link...
Mon May 25, 2020, 09:58 AM
May 2020

...for example:

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]
...
13] Jones v. Parmley, 465 F.3d 46, 56–57 (2d Cir. 2006), available at http://law.justia.com/cases/federal/appellate-courts/F3/465/46/544540/.
[14] Cole v. Arkansas, 338 U.S. 345 (1949), available at https://supreme.justia.com/cases/federal/us/338/345/case.html.
Original link from the OP- https://www.loc.gov/law/help/peaceful-assembly/us.php

C_U_L8R

(44,988 posts)
3. Republicans have totally lost the script
Mon May 25, 2020, 09:26 AM
May 2020

It's all what's in it for me and my personal desires trump your well-being. They have no concept of the greater common good.

discntnt_irny_srcsm

(18,476 posts)
8. Well maybe not all Republicans
Mon May 25, 2020, 10:11 AM
May 2020
https://www.democraticunderground.com/100213480608#post26
Things Ann Coulter called Trump today
"complete blithering idiot"
"whining, blame-shifting, gigantic fruitcake"
"idiot-boy"
"shallow and broken man"
"most disloyal human God ever created"
"a complete moron"
"The most disloyal actual retard that has ever set foot in the Oval Office"

H2O Man

(73,506 posts)
7. Recommended.
Mon May 25, 2020, 10:04 AM
May 2020

Walker v Birmingham is, in my opinion, the most important USSC case defining this. It was, as older forum members remember, Dr. King's first loss. As noted, "rights" are not license.

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