How does the 1st Amendment protect freedom to assemble, petition and associate? Lesson 30

Lesson Objectives Explain the importance of the rights to assemble, petition and associate Describe the history of these rights and when they can be limited Evaluate, Take and Defend positions relating to the exercise of these three rights.

What is the importance of the rights to assemble, petition and associate? The 1st Amendment protects people’s right to form their own opinions, including those about politics and religion. Right to associate: People are free to associate with others who share their opinion Church groups Political groups Professional organizations Social Clubs

Why were the rights to assemble and petition important to the Founders? Part of English Common Law Petition and assembly are frequently associated with each other People thought that the reason to assemble was to petition the government. Right to petition was recognized in the Magna Cart and English Bill of Rights American colonists considered the right of petition a fundamental right Could not send reps to Parliament Petition was very important to them Protected in in state constitutions and in bills of rights.

How have these rights been used? Americans have asked the government to take action on items 1790’s the First Congress was acting on petitions for pensions and pack pay promised to the widows and orphans of soldiers. 1830’s petitions that slavery be abolished Sentiment was so strong against abolitionists – House passed a gag rule. Restricted debate on certain topics. Prevented the House from acting on the wishes of the people. Finally repealed in 1844 large thanks to leadership of former President, John Quincy Adams…a member at that time. WWI veterans –Bonus Army –petitioned for early payment of their military bonuses. Congress refused. General MacArthur drove them out by Hoover’s order with tanks, guns and tear gas.

How have these rights been used? Women have made extensive use of the right to petition to win rights: Right to vote Own property Gain opportunities for employment Opportunities for education Civil Rights March on Washington Citizens use the right to petition and assemble to make their views known Can lobby individuals to make their concerns known.

Limitations by the Government Supreme Court has emphasized the right to assemble Hague v. Congress of industrial Organizations People can assemble in a public forum Government can regulate time, place and manner if 2 conditions are met: Government has legitimate interests such as preventing riots or streets during rush hour and does not have the purpose of suppressing free speech. The restriction is precise and applied in a non- discriminatory way. Must apply to everyone and to content.

The right of association is not mentioned in the Constitution, but the courts have said it is implied, by other rights in the 1st Amendment. Part of living in a free society 1st case on right to assembly: Alabama ordered NAACP to disclose it’s member list. However, bitter civil rights battles led to the court not forcing the hand over, as it felt lives could be in danger. Court did order the hand over of membership lists of the Communist Party. Barenblatt v. US. Argued it advocated for the violent over throw of the government. Do people have the right to NOT associate with some people Association is so large, diverse and focused on social policy they must conform Clubs such as restaurants must conform If employers pay their employees dues they must conform

Two ideals govern this tension: Eliminating unfair discrimination in American life The right of each individual to live his or her own life as free as possible from government interference. Alexis de Tocqueville Americans could join together to solve problems Association was the characteristic of citizenship Essential for free government Private groups could organize themselves to respond to common concerns. Made Americans more public spirited…responsible for the common good and each citizen could do something to help achieve it.