First Amendment: Freedom of Assembly and the Press

Freedom of Assembly

  • Congress cannot make laws that infringe on the right to peaceably assemble.
    • Must remain peaceful (no riots).
    • Right to choose who to include/exclude.
    • Public forums must be open to all content types if one type is allowed.
    • Government can't regulate content but can impose time, place, and manner restrictions.

DeJonge v. Oregon (1937)

  • Issue: Was DeJonge's arrest for attending a Communist meeting a violation of his assembly rights?
  • Rule: Laws regulating assembly content must pass strict scrutiny.
  • Application: Oregon's interest in preventing unlawful acts was compelling, but there was no evidence of such acts.
  • Conclusion: DeJonge won; his arrest was unconstitutional.

Cox v. New Hampshire (1941)

  • Issue: Can NH prohibit large gatherings without a license?
  • Rule: Government can impose time, place, and manner restrictions if:
    • Restrictions are reasonable.
    • Permits/licenses aren't arbitrary.
    • Fees are based on security needs.
  • Application: A group was arrested for handing out leaflets without a license.
  • Conclusion: Cox loses; the law was constitutional.

Freedom of the Press

  • Congress cannot make laws abridging freedom of the press.
    • Press isn't protected if it engages in libel or slander.
    • Press is protected from prior restraint.

Near v. Minnesota (1931)

  • Issue: Could MN prevent Near from publishing a "scandal sheet"?
  • Rule: Government can't impose prior restraint but can punish libel/slander.
  • Application: The law required Near to get approval before publication; this was prior restraint.
  • Conclusion: Near wins; prior restraint laws are unconstitutional.

New York Times v. U.S. (1971)

  • Issue: Can the government prevent media from publishing classified information for national security?
  • Rule: Government has a "heavy burden" to justify prior restraint.
  • Application: Classified info was a DoD study on the Vietnam War; "national security" was too broad.
  • Conclusion: Newspapers could publish the Pentagon Papers.

Hazelwood School Dist. v. Kuhlmeier (1988)

  • Issue: Can school administration limit a student newspaper?
  • Rule: Limits must be "reasonably related to legitimate pedagogical concerns."
  • Application: Principal objected to stories about pregnancy and divorce.
  • Conclusion: Administration won.