The First Amendment Allows Freedom of Assembly

The right to assemble may sometimes be limited for the public's welfare and safety. On the other hand, people cannot be stopped from assembling just because the view they hold are unpopular.

The Right to Meet Peacefully

People may assemble in public places. These are areas supported by tax dollars where people normally gather. They include parks, streets, sidewalks, city halls, state capitol buildings, and national monuments.

In Edwards  v. South Carolina (1963) the Supreme Court overturned the conviction of black students who peacefully marched on university grounds. The Court said that the protesters' peaceful meeting on public grounds represented "basic constitutional rights in their most pristine and classic form."

Assembly on private property

The First Amendment does not give individuals the right to assemble on private property. In Lloyd Corporation Ltd. v. Tanner (1972), the Supreme Court ruled that an anti-Vietnam War group did not have the right to gather and distribute handbills in a large, privately owned shopping mall. The Court noted, however, that the group could have passed out the leaflets on nearby city sidewalks and streets, which were public property.

Regulations on assemblies

State and local officials may place regulations on assemblies as long as the rules are reasonable, precise, and fair. Deciding what is "reasonable" isn't always easy. For example, officials can not deny permits to assemble on the grounds of "decency, morals, or convenience." 

Conflicts with other rights

As with other basic rights, the courts must weigh freedom of assembly against public interest. For example, the Supreme Court upheld laws that made it illegal to parade near a courthouse in an attempt to influence judges, jurors, or witnesses because a fair trial is considered more important. The Court has also stated that demonstrations near schools during school hours and intended to disrupt class work are not protected by the First Amendment because students' right to an education outweighed the others' right to demonstrate.

Potential violence

Sometimes a peaceful assembly may be broken up if bystanders become angry or even violent. This situation is sometimes termed the "heckler's veto." A heckler's veto is the ability of hostile onlookers to disrupt a peaceful speech or assembly by jeering, shouting insults, or physically interfering with demosntrators.

By threatening violence, an angry crowd can force police to stop an otherwise lawful assembly in order to protect public safety or welfare.

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