Journal article
Defining peaceably: policing the line between constitutionally protected protest and unlawful assembly
Missouri law review, Vol.80(4), p961
22 Sep 2015
Abstract
The Black Lives Matter movement, therefore, provides a unique opportunity to revisit the Constitution's protection of a "right of the people peaceably to assemble."' Even more than the Occupy movement, the recent protests against the frequency with which unarmed African Americans die as a result of police officers' actions illustrate the serious consequences that flow from the Supreme Court's failure to appreciate that the First Amendment identifies a particular form of conduct public assembly for separate constitutional protection. The fact that the Black Lives Matter protests often bear little resemblance to our idealized conceptions of public discourse as reasoned disquisitions on difficult choices of public policy underscores why the Founders recognized the need for a separate clause to protect assembly and the process of redressing grievances. It illustrates why the Supreme Court's contemporary jurisprudence, which collapses the right of assembly into the freedom of speech, is thoroughly misguided leaving protestors feeling that First Amendment protections are weak and lower courts confused about how to decide what level of public disruption the Constitution requires officials to tolerate. In sum, the recent protests provide a unique opportunity to consider why outdoor assembly remains a valuable form of political participation, even in the digital age, and why it deserves more robust constitutional protections.
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Details
- Title
- Defining peaceably: policing the line between constitutionally protected protest and unlawful assembly
- Creators
- Tabatha Abu El Haj
- Publication Details
- Missouri law review, Vol.80(4), p961
- Publisher
- University of Missouri-Columbia School of Law
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020535055304721