HOW DOES THE FIRST AMENDMENT PROTECT FREEDOM TO ASSEMBLE, PETITION & ASSOCIATE? Unit Five Lesson 30

Importance of Rights to ASSEMBLE, PETITION & ASSOCIATE 1 st Amendment protects your right to form your own opinion, especially politically and religiously It also protects your rights to communicate those opinions with others This right would not mean much if you could be prevented from gathering together to share your views Your right to petition means to ask the government for “redress of grievances – to fix a perceived wrong Your right to associate means to gather with people who share your opinion (this means ALL GROUPS, even unpopular ones)

From the beginning, Americans have felt free to petition their gov’t  1790’s – widows of the Revolutionary War petitioned for the pay their husbands had earned But, at times, the gov’t has tried to silence their critics  1836 – voted to limit debate on certain topics (slavery) which limited how voters expressed their views on the topic  Women and African Americans have long petitioned the government for political and economic equality  1930’s – Bonus Army – the gov’t forced removal of the Bonus Army and refused to hear them  1950’s & 60’s – Civil Rights Movement –  Today this right is used at local, state and federal levels  Any time you contact an elected official and ask for change you are exercising this right  Any time a person/group protests for change, they are exercising this right  Any time a bill is lobbied, this right is being exercised The Right to Assemble/Petition in Action

Limits on the Right to Assemble The Supreme Court recognizes the importance of these rights But, they also have approved certain limitations  Public Forum – People can gather in public places (street, park, sidewalks, etc)  Peaceful – Demonstrations must remain peaceful and not endanger the community or place unnecessary inconvenience to the public  Legitimate Government Interest – preventing riots, keeping streets clear during rush hour without the intent to suppress free speech  Restrictions must apply to all groups

How is Right to Associate Protected? This right is not specifically mentioned in the Constitution or the Bill of Rights, but the Supreme Court has recognized it, especially as part of free speech and assembly  1958 – NAACP – In Alabama, the state mandated they turn over their membership list. In the SOUTH, this could mean danger to those on the list. The Supreme Court ruled the 1 st Amendment protected the right to associate and the demand to turn over the list violated that right  1959 – However, the next year, the Supreme Court ruled that the Communist Party DID have to turn over its membership lists because the group advocated the violent overthrow of the government  Another question – do you have a right to chose who NOT to associate with. IE – private clubs that exclude certain peoples from becoming members? (Private club that excludes African Americans or women) Some situations go beyond close personal relationships and involve larger social purposes. In those, the government can enforce anti-discrimination laws  Rotary Club, Lions Club, Kiwanis Club type groups  If employers pay the member dues, then anti-discrimination laws apply

Tough Balance Right to Associate with who you choose Eliminating unfair discrimination in American life Activity 5 p  3 groups  Read the summary of Beard of Education of Westside Community Schools v. Mergens (1990)  Present the 2 sides to the Judges Group

Questions to consider What 1 st Amendment issues are raised in this case? What values and interests are in conflict in this case? What arguments can you make for allowing the group to meet? What arguments can you make for prohibiting the group from meeting?