Historical Perspective on the Freedom of Assembly - Essay Example

Lecturer Freedom of Assembly in USA (Historical and Constitutional Perspectives) Introduction Freedom of assembly is sometimes is used to mean freedom of association; and it involves the right of individuals to meet and collectively express and pursue interests common to them. The freedom of assembly right is also recognized as part of the political, human and civil rights of individuals of a given country. The constitution of USA explains the right of individuals to assemble peacefully, and demand from the government a solution or redress on their grievances or problems. The freedom of assembly ensures that individuals have the capability of protesting on issues that affect them, so as to ensure that the concerned authority takes appropriate action of redress (Jeremy 177). However, the freedom of assembly has limits; it must be exercised in accordance with lawful practices. For example it has been noted that protesters were arrested in the state capitol of Wisconsin as from 2013; the state declared the protests unlawful since protestors did not have a permit. Historical Perspective on the Freedom of Assembly The freedom of assembly has lot of significance, during the history of pre-colonial and colonial America, to the Founding Fathers. The British Monarchy usually prohibited public assembly of its citizens; this was partly due to the monarchy fearing that assembling individuals may attempt to overthrow or change the government. This led to British colonists taking their views about freedom to the new world, America. Before the Revolutionary War, the British army attempted to prohibit the colonialists from protesting against Acts of Parliament that ensured monitoring of colonial population and taxation. Therefore, the people who advocated for liberty in America started to see that freedom of assembly for very necessary to people with grievances, who required solutions for their government’s mistakes and excesses. Thereafter, delegates to the first American Continental Congress indicated a statement concerning the freedom of assembly in the “Declaration and Resolves” document, this congress took place on October 14, 1774. The document explained that individuals are allowed to; assemble peacefully, deliver their grievances and petition their leadership, the King. The “Declaration and Resolves” document also listed; grievances that the American population had against their political leadership, Parliament and King George; their objections to certain parliamentary legislations like the Intolerable Acts; and the rights that they thought they deserved. Many states, as the new American nation formed, indicated in their constitutions the rights to assemble. The First Congress protected the freedom of assembly by indicating it in the first constitutional amendment, Bill of Rights, which in 1791 became law (Lewis 174). The petition clause ensures that individuals have the right to demand address of grievances by the government. The petition clause was prominent mostly in the 1830s, when congress came up with the “gag policy” which prevented anti-slavery issues from being discussed in courts of law; however, the “gag rule” was removed in later years by the congress. Some petitions resulted in imprisonments, like the petition challenging the Espionage Act which became law in 1917. The freedom of assembly law was used in the history of America by groups advocating for social changes like; labor organizations, civil rights bodies, and gender equality societies. These groups utilized their rights to assemble; even though the government at times attempted to hinder their speech, meetings, organizations and businesses. The right to assemble is often viewed together with freedom of religion, right to petition the government, and right of speech to from a collective idea referred to as the right to freedom of association. Freedom of association means the right of individuals to come together to improve their common interests; common interests can include picketing to ensure favorable work environment, presenting grievances to relevant authority concerning issues affecting society or participating in peaceful demonstrations to ensure an equitable country. Court cases affecting the right to assembly normally involves the civil society or group of people demanding the government reviews legislations or policies that hinder peoples’ rights. Constitutional Perspective on the Freedom of Assembly The first amendment to the constitution of America ensures the rights of citizens of United States of America to peacefully assemble, and also to petition the American government. This right is also referred to as the freedom of assembly. This right has encouraged individuals to speak out hence, effecting changes in policies and legislations of the government. On the other hand, the right of assembly has some conditions or limitations; first the petition or assembly must be held on public land or on private property where permission has been granted by the property owner (Miller 291). Secondly, the assembly takes place only if there is an assurance that the participants will not break the law by for example; vandalism or drug use. If these condition is not observed the police have a duty of dispersing the assembly, or even making lawful arrests. The Universal Declaration of Human Rights is the initial document that explains human rights globally, which ensures freedom of assembly. Article 18 of the document explains the freedom of religion, freedom of thoughts and freedom of conscience, for example the right of any individual to change religion. Article 20 demonstrates that every individual has the right to peacefully assemble, and that no person should be forced to join any association. Article 23 of the declaration gives every worker in the United States the right to participate in forming a trade union, or join an existing trade union, so as to further his / her own interests. Article 27 of the declaration notes that any individual in the United States has the right and freedom to participate in cultural activities of his / her community, to enjoy or participate in entertainment or arts, and to share or utilize scientific knowledge and advancements. The Supreme Court of United States demonstrated the significance of the Right to Assembly in the De Jonge v. State of Oregon 1937 court case. It explained that the right to a peaceful assembly resonates to the right of speech and free press, hence equally important. According to the verdict of the court, the right to assembly cannot be denied without violating basic principles which guide political and civil institutions. According to the court it is vital to ensure protection of peaceful assembly, even if other people disagree with the ideals or principles of the assembly. Assemblies may also have to pay a reasonable permit fee, and permits must be given even if their views are unpopular; during the Forsyth County v. The Nationalist Movement case, the Supreme Court in 1992 prevented an administrator from charging a higher amount for permit fees, to assembly action which require more police effort; according to the court the assembly action should not be costly (Jeremy 187). However, courts usually use “strict scrutiny” policy in determining cases involving assembly rights. In these cases, the law is studied to understand if the assembly restriction is justified by a larger more important state concern. For example, if people want to assemble so as to loot business stores, the government must stop the assembly from taking place. Property rights will be sufficient reason by the government to restrict assembly rights. Conclusion Right of assembly or petition has been protected using similar methods to freedom of speech. Charles Evans, a former United States Chief Justice, wrote that assembly by citizens for lawful interaction and discussion can’t be criminalized; in overall this position has generally been upheld. Freedom of assembly must also be balanced with the rights of other American citizens; for example petition participants must respect the property rights and privacy rights of other people. However, for more than 100 years the First Amendment protected assembly freedom mostly in theory. Currently, as people go to courts to challenge government’s record on assembly rights, the First Amendment has taken a greater meaning. The amendment remains the most powerful tool for safeguarding the general freedoms and rights of American citizens. Works Cited Jeremy McBride. Freedom of Association, the Essentials of Human Rights. London: Hodder Arnold, 2005. Print. Lewis, Anthony (2007). Freedom for the Thought That We Hate: A Biography of the First Amendment, Basic Books, pp. 173–176. Miller, Nicholas. The Religious Roots of the First Amendment: Dissenting Protestants and the Separation of Church and State. New York: Oxford University Press, 2012. Print. Read More