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Freedom of Assembly

Governments may not violate the constitutional right of peaceable assembly, which is one of the rights outlined in the First Amendment of the Constitution of the United States. Following are several cases related to the right of freedom of assembly, including the landmark case De Jong v. Oregon in 1937.

  • Bates v. Little Rock (1960)

In Bates v. Little Rock (1960), the Court affirmed that freedom of
association finds protection within the First Amendment’s free speech and
assembly clauses.

  • Carroll v. President and Commissioners of Princess Anne (1968)

Carroll v. President and Commissioners of Princess Anne (1968) said an
injunction to keep a white supremacist group from rallying violated the
First Amendment.

  • Coates v. City of Cincinnati (1971)

Coates v. City of Cincinnati (1971) said an ordinance making it a crime for
three or more to gather in public and engage in “annoying conduct” violated
the First Amendment.

  • Cox v. Louisiana (1965)

In Cox v. Louisiana, the Supreme Court overturned a state law used to
arrest civil rights marchers saying the law infringed upon freedoms of
assembly and speech.

  • De Jonge v. Oregon (1937)

De Jonge v. Oregon (1937) said that state governments may not violate the
First Amendment right of peaceable assembly. The decision contributed to
symbolic speech jurisprudence.

  • Edwards v. South Carolina (1963)

Edwards v. South Carolina (1963) said South Carolina violated students’
First Amendment rights when the police dispersed a peaceful protest against
segregation.

  • Gregory v. City of Chicago (1969)

In Gregory v. City of Chicago, the Court upheld the First Amendment rights
of peaceful protestors over police attempting to quell anticipated civil
disorder.

  • Hague v. Committee for Industrial Organization (1939)

Hague v. Committee for Industrial Organization (1939) dealt with the
freedom of assembly and set the precedent for the public forum doctrine in
First Amendment cases.

  • Shuttlesworth v. Birmingham (1969)

Shuttlesworth v. Birmingham (1969) ruled that the conviction of the Rev.
Fred Shuttlesworth for leading a protest march without a permit violated
the First Amendment.

  • Thomas v. Collins (1945)

In Thomas v. Collins (1945), a labor case, the Supreme Court enunciated the
preferred position doctrine for First Amendment freedoms of speech and
assembly.

  • United States v. Cruikshank (1876)

U.S. v. Cruikshank (1876), which arose out of the Colfax Massacre, is
important in First Amendment jurisprudence for statements made about
freedom of peaceable assembly.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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