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Court Cases Dealing with Assembly/Petition

Court Cases Dealing with Assembly/Petition . James Haigh. History of Assembly/Petition Cases . Established by Cox v. New Hampshire, 312 U.S. 569 (1941 ) While the Constitution protects the right to assemble, it adds an important caveat-the assembly must be peaceful

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Court Cases Dealing with Assembly/Petition

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  1. Court Cases Dealing with Assembly/Petition James Haigh

  2. History of Assembly/Petition Cases • Established by Cox v. New Hampshire, 312 U.S. 569 (1941) • While the Constitution protects the right to assemble, it adds an important caveat-the assembly must be peaceful • the Supreme Court has ruled that reasonable time, place, and manner restrictions might be imposed on the right to assemble

  3. History of Assembly/Petition Cases Cont. • there are no Supreme Court cases that precisely define the contours of this provision of the First Amendment • it is the Government's job to redress the legitimate grievances of its citizens • The judiciary reviews grievances whenever it determines that constitutional or other legal rights have been infringed upon

  4. Background of Boy Scouts v. Dale 2000 • An assistant Scoutmaster in a local boy scout troop in New Jersey was openly gay and the organization removed him of his duties for this reason • He sued and went to court and got the New Jersey Supreme Court to rule in his favor requiring the troop to reinstate him of his duties • The case was taken to the Supreme court in 2000 where they would review the ruling

  5. Summary • Case is based on private groups ability to dictate who can be a member based on their sexual orientation • Dale sued saying they violated a state rule of no discrimination because of sexual orientation • Supreme Court ruled in the Boy scout's favor as long as he was hurting the organizations ability to demonstrate what they believe in as a group

  6. Decision • Ruling: "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints” • It was a 5 to 4 decision to overturn the New Jersey supreme court • Ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message

  7. Consequences • The decision allowed the Scout local Boy to remove James Dale from his position as Assistance Scoutmaster • This set a precedent giving private organizations the opportunity to keep remove people if they affect the ability of the group to advocate their viewpoint • This ruling is still discussed today because people claim they should shut down the boy scouts because they limit their first amendment rights

  8. Background of Edwards v. South Carolina 1963 • A group of 187 petitioners marched peacefully in south Carolina State Court House grounds in protest of segregation • They were arrested after refusing to disperse on charges of breach of peace • South Carolina Supreme Court ruled to convict them of the charges and then the case was tried in The U.S. Supreme Court under the Warren Court

  9. Summary • South Carolina Supreme Court upheld the convictions, described as "not susceptible of exact definition” • The Supreme Court ruled the evidence did not even remotely prove that their actions were violent • They ruled in favor of the Petitioners because it violated their first amendment rights

  10. Decisions • The Supreme Court held that in arresting the petitioners, South Carolina infringed on the petitioners’ rights of free speech, free assembly and freedom to petition • Stewart called the marchers' actions an exercise of First Amendment rights "in their most pristine and classic form“ • Ruled a state cannot "make criminal the peaceful expression of unpopular views"

  11. Consequences • Justice Edwards dissented and claimed that the City Manager’s actions were to avoid confrontation because of the atmosphere of southern communities at the time • This also helped the Warren Court establish that they were going to be an active court • Also helped African Americans establish their rights in the southern states

  12. Citation Page • http://www.law.cornell.edu/supct/html/99-699.ZS.html • http://www.oyez.org/cases/1960-1969/1962/1962_86 • http://www.uscourts.gov/EducationalResources/ClassroomActivities/FirstAmendment/FreedomOfAssembly/Background.aspx • http://www.uscourts.gov/EducationalResources/ClassroomActivities/FirstAmendment/FreedomOfPetition.aspx

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