Annie Ruch and Kylie McBride

The First Amendment“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble...”

Original interpretation: protects liberty, restricts the government; thus protects rights of the people

Current interpretation: restricts government power

De Jonge v. Oregon (1936)Facts: Dirk De Jonge (Communist Party) arrested

for violating Oregon’s criminal syndicalism statute

Issue: De Jonge believed he was protected under 14th amendment’s due process clause

Significance: Court agreed with De Jonge, he has right to

peaceably assemble and also free speechDue process clause violated

Cox v. New Hampshire (1941)Facts: five Jehovah’s Witnesses convicted by

NH’s municipal court for a procession of 68 Jehovah’s Witnesses without a license

Issue: the statute requiring a special license violated 14th amendment rights

Significance: court held that the convictions were a valid safety precaution for assembly

N.A.A.C.P. v. Alabama (1959)Facts: Alabama required the N.A.A.C.P. to

reveal all of the member’s names and addresses in order to stifle operations

Issue: Alabama demanding the names could violate 14th amendment’s due process clause

Significance: court agreed that Alabama was violating the due process clause of the 14th amendment

Coates v. City of Cincinnati (1970)Facts: a Cincinnati statute made it illegal for

three or more people to gather in a way considered annoying to passerby

Issue: considered a violation of 1st and 14th amendments

Significance: court said public intolerance is not a basis for violation of constitutional rights

Smith v. Collin (1977)Facts: American Nazi Party chose to march in

Skokie, Illinois, an area heavily populated by Jewish people.

Issue: Frank Collin, on behalf of the Socialist Party of America, claimed that 1st amendment rights were violated

Significance: courts agreed that the Nazi’s had the right to march and peaceably assemble wherever

Schenck v. Pro-Choice Network of Western New YorkFacts: The PCN enjoined Schenck and others

from constantly staging blockades and other illegal activities in front of abortion clinics.

Issue: Went against the First Amendment's Freedom of Assembly and Freedom of Speech.

Significance: Fixed buffer zones were constitutional while floating buffer zones were not.

Hill v. ColoradoFacts: Sidewalk counselors offering abortion

alternatives to women entering abortion clinics were limited by Colorado statute that made it unlawful to approach a person within 100 ft. of a health care facility.

Issue: Went against the First Amendment’s Freedom of Speech and Press.

Significance: It was declared constitutional because it was a limitation on where freedom of speech could occur.

Boy Scouts v. DaleFacts: Dale, who was a gay troop leader in

the Boy Scouts, was kicked out on account of his sexuality because it did not demonstrate a clean and straight lifestyle, as upheld by the Book of Conduct.

Issue: Denied Dale his Freedom of speech. Conclusion: Declared that this was

constitutionally sound because they had a constitutional right to bar homosexuals.

Chicago v. MoralesFacts: Gang members were told they would

not be allowed to loiter in public areas. Issue: Denied them their freedom of

Assembly. Significance: The police may be able to

order them to disperse, but the law is unconstitutionally vague and allows police too much power.

http://www.oyez.org/cases/1990-1999/1998/1998_97_1121

Impact of the CasesBroadened rights of all citizens to peaceably

assembleStates/cities lose the right to restrict

assembly unless it violates safety measuresEven unpopular groups/issues have the right

to assemble

Article1.       What limits the freedom of assembly in

New York?2.       When did the issues regarding freedom

of assembly arise?3.       How can we have had so many cases

that protect and enforce freedom of assembly yet there is still no unlimited freedom of assembly in New York?

http://www.nytimes.com/2004/08/29/opinion/shop-walk-work-and-demonstrate.html?ref=freedomofassembly

Works Cited "Freedom of Religion - Guaranteeing Freedom of Expression: The First

Amendment - LibGuides at Gallaudet University Library." Home - LibGuides at Gallaudet University Library. Web. 15 Sept. 2011. <http://libguides.gallaudet.edu/content.php?pid=227640>.

"Interpretation of the First Amendment." UO — School of Journalism and Communication. Web. 15 Sept. 2011. <http://jcomm.uoregon.edu/~tgleason/j385/Interpretation.html>.

The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 17 Sept. 2011. <http://www.oyez.org>.

Web. 16 Sept. 2011. <http://egoist.blogspot.com/uploaded_images/18Tir-X-788982.gif>