B.2(af). Freedom of Assembly

Every Person has the Right to assemble peacefully in public spaces. No permit or license shall be required to exercise this Right, and the Government may not prohibit peaceful assembly in any location where the public is otherwise permitted to be.

Freedom of Assembly is a fundamental American right. So why does this right get restricted so frequently? Local governments create permitting requirements and mandatory notice periods. Authorities intervene, declaring sidewalks can’t be blocked. These are not even effectively veiled attempts to make it harder or impossible to assemble.

Safety and health regulations may apply, but must be narrowly defined and not used to suppress expression.

In the interest of protecting life and bodily autonomy, the government can establish safety and health regulations regarding public assemblies. That’s protective of rights, and it’s common sense. But they have to really be designed for safety and health. They have to be carefully defined. They also can’t be back-door burdens intended to suppress the right to assembly.

Public safety may only justify restricting assembly where there is a demonstrable risk of imminent violence, not merely because others may be offended, disagree, or respond with hostility.

So, when and how can public safety be considered legitimate for restricting assembly? Authorities can’t simply roll in and order a crowd to disperse. That’s a blatant violation of this right.

It’s also not okay to say, “Well, other people are getting mad and they might attack.” Take action against bad actors, not those assembling. That’s a simple enough concept.

However, there are times when an obvious risk of imminent violence is present. A truckload of counter-protesters with cudgels or guns piles out of their truck and starts making moves toward the assembly? Clear and present danger. Shut it down. That is both acceptable and reasonable. Someone in the crowd, agitator or not, becomes violent in a way that can’t be otherwise contained? Take action and disperse the assembly, by all means!

Public safety is a reasonable concern, but only when it is applied properly.