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American government

American government. Unit 5. Lesson 30 pages 215-222. How does the First Amendment protect freedom to assemble, petition and associate? Objective: Explain the importance of the rights to assemble, petition and associate. Describe the history of these rights and when they can be limited. .

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American government

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  1. American government Unit 5

  2. Lesson 30pages 215-222 How does the First Amendment protect freedom to assemble, petition and associate? • Objective: Explain the importance of the rights to assemble, petition and associate. Describe the history of these rights and when they can be limited.

  3. What is the importance of the rights to assemble, petition, and associate? • Right to your own opinion- religion and politics. • Right to communicate these opinions. • These rights wouldn’t be worth much if you couldn’t assemble. • Along with the right to petition assembly enhances the First Amendment.

  4. What is the importance of the rights to assemble, petition, and associate? • Related right: right to associate • Free to associate with others who share your opinions • Political groups, church groups, professional associations, social clubs, service organizations • Right to associate freely protects all people.

  5. Why were the rights to assemble and petition important to the founders? • Part of English common law for hundreds of years. • Fundamental to a constitutional democracy. • People though the right to assemble was to petition the government. • Magna Carta was a petition. • Americans- basic rights- used it often • Today the rights to assembly and petition included in all but two state constitutions.

  6. How have the rights to assemble and petition been used? • 1790s- hundreds of petitions to the 1st Congress for pensions or back pay for widows or orphans of soldiers in the Revolutionary War. • 1830’s- Congress received so many petitions to abolish slavery that in 1836 the House issued a gag rule that was later repealed in 1844.

  7. How have the rights to assemble and petition been used? • Way for women and African Americans and those denied the right to vote to communicate with public officials. • Bonus Army- WWI vets- during the Great Depression they camped in Washington to protest. Army led by MacArthur drove them out of DC. • Civil Rights movement of the 1960s- thousands marched on Washington in 1963 under the leadership of MLK Jr.

  8. How have the rights to assemble and petition been used? • Right to petition- faxes, emails, phone calls, letters. • Not just to change things that are wrong, but to adopt policies that will help everyone.

  9. What limitations may government place on the right to assemble? • Right to assemble in a public forum: • Street, parks, sidewalks, etc. • Must remain peaceful. Cannot endanger community safety or unreasonable inconvenience. • Courts upheld time, place and manner restrictions: • Must be precisely worded. • Non-discriminating.

  10. How is the right to associate protected? • Not mentioned in the Constitution. • “implied” in 1st Amendment because of the rights of speech and assembly. • 1st case with association: • 1958: NAACP v. Alabama • Alabama ordered the NAACP to disclose its membership list because of bitter civil rights struggles. • Supreme Court said NO!

  11. How is the right to associate protected? • 1959 Barenblatt v. United States • Government requested a list of members in the communist party. • Supreme Court said yes because the communist party advocated a violent overthrow on the government. • Question: Does one have the right to NOT associate? Private organizations – right to not allow some people? i.e. gold clubs? Barring women? Blacks? Whites?

  12. How is the right to associate protected? • Answer: • It depends. • Private life- government cannot interfere. • But, if an organization involves larger social purposes the government may require them to not discriminate on basis of race, gender and ethnicity. • Example: Rotary Club, Junior Chamber of Commerce • Clubs that act like restaurants must comply. • If employee do not pay dues- the association must comply.

  13. How is the right to associate protected? • Freedom of association is one of the outstanding characteristics of American citizenship… • Groups can quickly join together to solve problems.

  14. Finishing up! Reflect Work on projects!

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