8.4 Freedom of Assembly and Petition

A group of U.S. military veterans are planning to gather at a memorial to read the names of fallen comrades and give speeches calling for an end to war. This assembly is protected by the 1st Amendment, assuming that it

• does not raise criticisms of government policies.

• does not encourage other people to participate.

• does not interfere with the rights of other citizens.

• does not enlist the support of other groups.

College administrators allowed an anti-war demonstration, but blocked a demonstration protesting college admissions policies. The administrators' actions

• are constitutional, because they did not limit the demonstration's location.

• are unconstitutional, because civil disobedience is constitutionally protected.

• are constitutional, because the admissions policy protest might have become violent.

• are unconstitutional, because they are not content neutral.

A judge nullified trespassing citations issued to a group that had staged a protest by pitching tents in a public plaza. What constitutional safeguards most likely guided the judge's decision?

• right to assemble if participants have received consent from nearby businesses

• right to assemble if participants do not interfere with the rights of others

• right to assemble as long as the cause is approved by local government agencies

• right to assemble regardless of whether the protest takes place on public or private property

Although the 1st Amendment guarantees citizens the right to assemble, what aspects of those assemblies can the government regulate?

• when the assembly is held, where it takes place, and what will be said

• when the assembly is held, where it takes place, and how it is conducted

• where the assembly is held, how it is conducted, and what will be said

• when the assembly is held, how it is conducted, and what will be said

Which of the following is a location at which you could NOT legally assemble a group for a demonstration?

• the steps of the State capitol building

• a sidewalk outside a restaurant

• a shopping mall food court

• a field in a city park

In which situation may the government require protesters to disband during a demonstration?

• when the demonstration is about unpopular views

• when onlookers become violent

• when large groups gather on public property to watch

• when protesters are violent

A sit-in was staged on the State Department's sidewalk protesting a proposed pipeline from Alaska to the Gulf Coast. The 1st Amendment provides that such a protest is permissible

• as long as it does not take place in public spaces and thoroughfares.

• as long as the viewpoint being expressed is not controversial.

• with prior permission from local officials as to the content of the protest.

• in public spaces where there is no infringement on others' rights.

The Constitution limits the role of government with regard to the rights of petition and assembly in order to

• prevent illegal or rowdy behavior that might arise during the duration of the assembly.

• establish compensation for law enforcement for the extra help needed to supervise the assembly.

• prevent interference with the expression of opposing and unpopular views.

• prevent disorganization during the assembly or demonstration.

Which of the following is constitutional?

• laws that regulate assemblies based on their message

• laws that prohibit demonstrations on public property

• laws that require advance notice for demonstrations

• laws that require an organization to disclose the names of its members

When private property rights and the right of assembly come into conflict, which has been upheld by the Supreme Court?

• private property rights take precedence over the right of assembly

• the right of assembly takes precedence over private property rights

• private property rights take precedence over the right of assembly, except in cases involving the gathering of petitions for a political cause

• the right of assembly takes precedence over private property rights, except in cases in which the assembly is held in a shopping center