Freedom of Assembly

I

Introduction

Freedom of Assembly, the right of people to gather together peaceably. Freedom of assembly is related to freedom of religion and freedom of speech, as well as the right to petition (formally request) the government to change its policies. Together these rights are sometimes conceived of as a right to freedom of association—that is, the right to join with others to peacefully seek common goals without the interference of the government.

Peaceful public assembly has always been directly connected to democratic government. In ancient Athens, one of the earliest known democracies, free male citizens gathered collectively to make laws and discuss public policy. However, throughout history most governments have not been democratic. Monarchs and dictators have long been fearful of large public gatherings, which often precede the collapse of governments. Such demonstrations preceded both the overthrow of King Louis XVI of France and of Tsar Nicholas II of Russia. Totalitarian regimes often ruthlessly suppress demonstrations because of the fear that such protests will lead to revolution.

The First Amendment of the Constitution of the United States prohibits the federal government from infringing on 'the right of the people peaceably to assemble.' The Fourteenth Amendment to the U.S. Constitution, adopted in 1868, similarly limits U.S. state governments. The Canadian Charter of Rights and Freedoms, adopted in 1982, declares that “freedom of peaceful assembly” is a fundamental freedom possessed by everyone in Canada.

II

Origin of the Principle

In 1215 a group of barons persuaded King John of England to sign the Magna Carta, a document designed to spell out the proper relationship between a king and his subjects. The process of having the king sign this document was an example of using the right of petition, since the barons essentially brought the king a petition (or charter) to sign. From this episode, the people later claimed the right to petition those who govern them.

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However, royal support for the right of petition was not uniform. During the English Revolution of the mid-17th century, the political upheaval of a civil war led to the overthrow of King Charles I. In 1661, after the monarchy had been restored under Charles II, Parliament (the British legislature) passed an act that prohibited more than ten people from petitioning Parliament or the king. In 1670 the royal government prosecuted English Quaker William Penn for his public preaching, in part claiming that he had organized unlawful assemblies. A jury found Penn innocent, and this acquittal became a key event in the development of the concept of individual liberty (freedom of action) and freedom of assembly.

The English colonizers of North America, including William Penn, brought their notions of freedom of assembly with them. From their time of settlement, the New England colonies held annual meetings that all voters were expected to attend. These town meetings allowed for debate of political, social, and economic issues. In the years preceding the outbreak of the American Revolution (1775-1783), masses of people often assembled to protest British imperial policies, such as the Stamp Act. Sometimes these gatherings degenerated into mobs or violent confrontations with the authorities. As British authorities attempted to prevent the people from gathering, the colonists became convinced that the right of assembly was essential to their liberty.

III

Freedom of Assembly in the United States

Freedom of assembly was a founding premise in the establishment of the United States. In its Declaration and Resolves of October 14, 1774, the First Continental Congress asserted that the people 'have a right to peaceably assemble, consider of their grievances, and petition the king.' During or immediately after the Revolution, Massachusetts, New Hampshire, North Carolina, Pennsylvania, and Vermont explicitly guaranteed the right of assembly. Similarly, the authors of the Constitution included the protection for assembly in the Bill of Rights, the first ten amendments to the Constitution.

A

Role of Assembly

The right to assemble has been used by virtually every group seeking any type of political or social change in the United States. The women's suffrage, labor, and civil rights movements all successfully utilized public assembly to attain their goals. Opponents of the Vietnam War (1959-1975) mobilized vast antiwar protests that helped influence public opinion.

Political parades, protest marches, rallies, picketing, and other forms of gatherings are central to the American experience. However, because the right of assembly forces citizens to tolerate the meetings, parades, and demonstrations of people with contrary ideas, attempts to suppress these gatherings are also familiar in U.S. history. As late as the mid-1930s the U.S. Army and local police forces commonly prevented mass demonstrations, especially protests by the emergent labor movement. During the 1960s local authorities in the South often arrested civil rights marchers who were protesting segregation and other forms of discrimination against African Americans.

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