Judicial Branch Court Case #2

"Congress shall make no law...abridging...the right of the people peaceably to assemble..."

- United States Constitution, First Amendment

Read Each Quote -Then - Respond in Notebook

What do you think each quote is promoting?

1. “If I lived in China or even Russia, or any totalitarian country maybe I could understand some of these illegal injunctions. ... But somewhere I read of the freedom of assembly. Somewhere I read of the freedom of speech. Somewhere I read of the freedom of the press. Somewhere I read that the greatness of America is the right to protest for right.” – Martin Luther King Jr., 1968

   

2. “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” – Harry Truman, 1950

What rights are these individuals trying to protect?

"Congress shall make no law...abridging...the right of the people peaceably to assemble..."

- United States Constitution, First Amendment

The First Amendment also protects the right not to associate, which means that the government cannot force people to join a group they do not wish to join.

TWO

The First Amendment also protects the freedom of assembly, which can mean physically gathering with a group of people to picket or protest; or associating with one another in groups for economic, political or religious purposes.

ONE

This part of the first amendment means...

Open Ended

Tell me what "peaceably assemble" means to you.

What are appropriate times and locations for groups to protest or promote issues?

applies to expression without regard to its substance. The Supreme Court is likely to strike down regulations that discriminate on the basis of what is said or expressed.

content-neutral law...

discriminates against speech based on the substance of what it communicates.

Content Based Law or Reg...

Is there Content Based Control????

​law imposing financial burdens on literary works by former felons mentioning past crimes, in Simon and Schuster v. Members of the New York State Crime Victims Board (1991)
a District of Columbia law prohibiting the display of signs critical of foreign governments within a certain distance outside embassies, in Boos v. Barry (1988).

1. What was the primary reason New York City officials implemented regulations on sound amplification at concerts in the Naumberg Acoustic Bandshell?
   Refer to the complaints mentioned in the text and the actions taken by the city.

2. How did Rock Against Racism challenge the city's regulations, and what were their main arguments against the sound amplification requirement?
   Consider their perspective on content-based restrictions and less intrusive alternatives.

3. In Justice Kennedy's majority opinion, what distinction does he make between time, place, and manner restrictions and content-control measures?
   Focus on his interpretation of the city's intent regarding noise control.

4. What was Justice Thurgood Marshall's main argument in his dissenting opinion regarding the majority's decision, particularly concerning the tailoring of speech restrictions?
   Examine his critique of how the ruling affects the standard for restrictions on speech.

5. Based on the ruling, what implications does the Supreme Court's decision have for future regulations on public expression, such as music at concerts?
   Think about how this case sets a precedent for balancing free expression and public concerns.