13.5 | Freedom of Assembly

clear and present danger rule

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts

DeJonge v. Oregon

1937: The Court established that the right of association (assembly) was as important as other First Amendment rights and used the due process clause of the Fourteenth Amendment to apply freedom of assembly to the states.

Feiner v. New York

1951: Court ruled police had not acted to suppress speech but to preserve public order

Gregory v. City of Chicago

1969: Court ruled demonstrators had been peaceful & had done no more than exercise their 1st amendment right of assembly & petition; neighborhood residents had caused the disorder

Whitney v. California

1927: Rights of free speech & assembly are fundamental, but not absolute

picketing

patrolling an establishment to convince workers and the public not to enter it