Limits on demonstrations

Discussion in 'Civil Liberties' started by Robert Urbanek, Dec 19, 2020.

  1. Robert Urbanek

    Robert Urbanek Active Member

    Joined:
    Feb 17, 2013
    Messages:
    377
    Likes Received:
    136
    Trophy Points:
    43
    Gender:
    Male
    While the 1st Amendment of the U.S. Constitution guarantees a right to conduct demonstrations, courts have held the government can impose restrictions on the time, place, and manner of peaceful assembly. Such regulations can include a requirement for a permit that states the date, time, and location of the proposed assembly.

    Furthermore, there is no right to assembly at which there is a clear and present danger of riot, disorder, or interference with traffic on public streets.

    An originalist interpretation of the 1st Amendment could be more restrictive. The 1st Amendment states:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

    One can argue that the Founding Fathers intended the right to assembly as being part of the petition to government. Thus, demonstrations could conceivably be limited to public squares around the agencies of government, such as city halls, legislatures and governors’ offices that are the intended target of grievances. Business districts and residential areas could be ruled off limits.

    Of course, restrictions of any kind are moot if politicians direct law enforcement agencies not to enforce them, the apparent case in many incidents in 2020 of demonstrators blocking public streets and even freeways without timely intervention by police.

    Conceivably, further restrictions could come through civil actions. If motorists and businesses can show economic losses from obstructions to their activities by disruptive demonstrations, they could file a class action suit against both demonstrators and their organizers. However, such actions might not be productive if jurors are sympathetic to the cause of the demonstrators.
     
  2. lemmiwinx

    lemmiwinx Well-Known Member Past Donor

    Joined:
    Aug 29, 2016
    Messages:
    8,069
    Likes Received:
    5,428
    Trophy Points:
    113
    Gender:
    Male
    Courts rule over everything in our lives now. Get used to it. And enjoy the freedoms you still have while you have them.
     
    Last edited: Dec 19, 2020
    James California likes this.
  3. Kal'Stang

    Kal'Stang Well-Known Member

    Joined:
    Aug 3, 2015
    Messages:
    16,389
    Likes Received:
    12,962
    Trophy Points:
    113
    Isn't it soooo fun to figure out ways to limit peoples Rights even more!!!!!

    /s :rolleyes:
     
    Last edited: Jan 24, 2021
  4. Capt Nice

    Capt Nice Well-Known Member

    Joined:
    Feb 10, 2017
    Messages:
    9,998
    Likes Received:
    10,217
    Trophy Points:
    113
    Gender:
    Male
    Wow, I didn't know some people had it so hard. I haven't lost any freedom. I'd be interested in knowing what freedoms you've lost.
     
  5. James California

    James California Well-Known Member Past Donor

    Joined:
    Nov 25, 2019
    Messages:
    11,335
    Likes Received:
    11,469
    Trophy Points:
    113
    Gender:
    Male
    ~ They are still rioting in Seattle and Portland - only now it is against Biden. In addition to Federal Buildings they vandalized the Democratic Party headquarters in Seattle. They still have the black outfits and the black umbrellas. They are carryings signs : ` We Don't Want Biden We Want Revenge´ / `We Are Ungovernable ´ with the drawing of an AK-47.
     
  6. lemmiwinx

    lemmiwinx Well-Known Member Past Donor

    Joined:
    Aug 29, 2016
    Messages:
    8,069
    Likes Received:
    5,428
    Trophy Points:
    113
    Gender:
    Male
    When the United States was established the people were guaranteed representation by a legislature elected every two years (House of Representatives) or every six years (Senate). We've lost that today with black robed judges who serve for life having the power to dictate how we live our lives with a bang of their their gavels.
     
    James California likes this.

Share This Page