If there is a Gay Rights event and religious people stood outside and protested homosexuality, and they were arrested, would that be constitutional. This happened to two guys in my church and does that or does it not interfere with freedom of speech, assembly, and/or religion?
2007-07-26 13:31:09 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Protesting at NASA against the sky being blue is legal, but blocking traffic, violating noise regulations, disobeying a lawful order to disperse are not legal, and are the most common charges filed against people who are arrested at demonstrations.
Free speech and freedom of assembly might apply in a case like this, but freedom of religion really doesn't. The Constitution says that Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof.
War is against my religion, but if I wore a shirt that said so to a GW Bush rally, I would be arrested too.
2007-07-26 14:48:39 · answer #1 · answered by oimwoomwio 7 · 0⤊ 0⤋
Protesting against a Gay Rights event is by no means illegal. Hell, most gays find those religious wackos amusing anyway. But my guess is that your two friends simply didn't have a permit. In many towns you can't stage a protest without one, but they cannot refuse to issue one to you once you request it (it is your Constitutional right, after all). The reason for the permit is to help ensure that you will be located in an area that doesn't obstruct traffic, and they may want to provide a police presence to keep things peaceful.
2007-07-27 02:22:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If they disobeyed a directive from the police to disperse, uttered "hate-speech", or prevented entry into the building, then their arrest was justified.
It is a fine line between exercising your Constitution right (your right to assemble) and violating the Constitutional rights of another (their right to assemble) .
2007-07-26 20:45:16 · answer #3 · answered by john_stolworthy 6 · 1⤊ 1⤋
Yes and no.
If they were arrested because of the content of their message, that would be unconstitutional. Content cannot be regulated.
BUT if they were arrested because they were threatening other people, or causing a public disturbance, or other action that is illegal regardless of their content -- that is valid.
Conduct, including the time/place and manner of protests, can be regulated -- as long as the enforcement of such regulations is neutral and not applied unfairly against specific groups. That's the key difference -- WHAT is said, versus HOW it was said.
2007-07-26 20:42:50 · answer #4 · answered by coragryph 7 · 3⤊ 0⤋
None of those freedoms give you the right to do what ever you want or to break the law. Obviously they did something illegal, probably by violating the rights of the people attending the gay rights event.
2007-07-26 20:37:32 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Well, if homosexuals were picketing your church, shouting obscenities about your religious preference, and basically protesting who you are (a religious person), while keeping you and your fellow churchgoers from being able to enjoy your church experience that day..wouldn't you want them arrested?
2007-07-26 20:38:41 · answer #6 · answered by maryjane 3 · 1⤊ 2⤋
Freedom of speech does not mean that you can infringe on other's rights. I have a right to stand in the middle of a grocery and scream FIRE!!!!! but that would induce panic which breaks the law.
2007-07-26 20:48:28 · answer #7 · answered by Miss Candi 4 · 1⤊ 2⤋
The Bible has been used to justify war, slavery and denying women and minorities the right to vote. Since we know all of those things have been proven wrong, why then is the Bible now being used to justify discriminating against homosexuals and to deny them their rights?
2007-07-26 20:41:14 · answer #8 · answered by It's Your World, Change It 6 · 2⤊ 2⤋
Tell them to strop throwing bottles and they won't get arrested.
2007-07-26 21:41:46 · answer #9 · answered by Anonymous · 0⤊ 1⤋