The First Amendment gives Americans the right to free speech, stating “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, and to petition the Government for a redress of grievances.”
The phrase ‘the right of people to peaceably assemble’ may not bring the same heated debates on interpretation as the language in the Second Amendment (the right to ‘bear arms’), however the lack of clarity has been the source of many a legal battle throughout American history. From the students of Kent University being shot at in 1970 to the recent protests over the Dakota Access Pipeline (DAPL), protesters and law enforcement have faced off in situations that have resulted in contested (though often times upheld) arrests.
When protesters turn violent or simply begin to destroy property, law enforcement agencies clearly have a mandate to control the situation. What about when protesters conduct ‘sit-ins’ or temporarily block roads during a protest? On one hand they are interfering with tax-paying citizens’ ability to use the resources they contribute to – What if one of those citizens was you and you were running late to work? On the other hand, they are being peaceful and attempting to exercise their constitutional rights to free speech and assembly to draw attention to a cause that is important to them…and maybe to you!
States across the country are currently putting laws in place to more clearly define these situations on what does and does not fit within the definition of the right to peaceably assemble. These pending laws might be inspiring you to ask a wide variety of great questions!
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Questions:
1) If ‘Congress shall make no law’, when states pass these laws restricting / limiting protests, are they legal? Should that be left to the Supreme Court to decide? What should the definition of ‘peaceably assemble’ be?
2) What are three examples of what you believe are reasonable and legal methods of protest?
3) What are three examples of what you believe are unreasonable and illegal methods of protest?
Be sure to provide full explanations for each of your answers. For more details, you can read the article this piece was sourced from here:
