Freedom of Assembly
In colonial times, the British sought to prevent assembly and demonstration as a means to suppress an uprising. Understandably, then, the founders wanted to preserve the ability to demonstrate and associate with people and political causes. In modern times, this may lead to controversy, as groups like the Westboro Baptist Church or Ku Klux Klan assemble to promote contentious messages in public areas. How far should freedom of assembly extend when the assembly is offensive or hateful? How would you feel if one of those groups protested in front of your home?
Review the article, "The First Amendment's Purpose," and focus on the judicial tests and practical functionality of the First Amendment.
Review the article, "First Amendment." Focus on the section about freedom of assembly.
Search for and select a First Amendment freedom of assembly case on the website, "The Oyez Project."
Based on the First Amendment freedom of assembly, think about the court's decision in the case you selected. Think about whether you agree or disagree with the court's decision in the case you selected.
With these thoughts in mind:
Write 300-400 word summary of the case you selected. Then, based on the First Amendment freedom of assembly, justify the court's decision in that case. Be specific, use examples from the case, and make sure to cite the case. Finally, explain whether you agree or disagree with the court, and justify your response.
Learning Resources- Please read and view (where applicable) the following Learning Resources before you complete this week's assignments.
Readings-
• Course Text: Kanovitz, J. R. (2012). Constitutional law for criminal justice (14th ed.). New York, NY: Routledge.
o Chapter 2, "Freedom of Speech"
o Chapter 8, "Right to Counsel"
o Chapter 9, "Trial and Punishment"
9.5-9.16, "Sixth Amendment and Due Process Requirements for Fair Trials" through "Eighth Amendment Protections Inside Prison Walls"
• Article: Cornell University Law School: Legal Information Institute. (n. d.). First amendment. Retrieved January 10, 2011, fromhttps://www.law.cornell.edu/wex/First_amendment
• Article: Rubenfeld, J. (2001). The first amendment's purpose. Stanford Law Review, 53(4), 767-832.
Use the Expanded Academic ASAP database, and search using the article's title.
Websites
• The Oyez Project
https://www.oyez.org
• Website: First Amendment Center
https://www.firstamendmentcenter.org/