2007-12-14 16:22:44 · 17 answers · asked by Bella Swan 3 in Politics & Government ➔ Law & Ethics
Or is it freedom to petition/ protest the government?
2007-12-14 16:24:32 · update #1
yes, but right to protest is more accurate. asembly is just the right to come together in the public square. striking is a form of protest which can be the purpose of assembly. it can be regulated under the police power of the state. so, there are rules.
2007-12-14 16:26:18 · answer #1 · answered by the hump 3 · 0⤊ 1⤋
You are confused.
Freedom of assembly doesn't mean the same thing as the right to strike. A strike is a very specific action whereas freedom of assembly is more generic.
Your right to strike (actually, your UNION's right to strike) is protected by federal labor law at a level lower than the constitution. That is, you have a statutory but not a constitutional right to strike.
There are consequences of going out on strike. If you are not a member of a striking union, your job is not protected by federal labor law. In other words, a "wildcat" strike can end up losing you your job.
Strikers have the right to peaceably assemble but it has been held by the U.S. Supreme Court that the right isn't absolute in this sense: It is legal for a municipality to require you to obtain a permit if you wish to PUBLICLY assemble. This gives police a chance to provide police protection.
Private assemblies (i.e. held on private property) are perfectly legal without a permit as long as it doesn't get too loud or out of hand. (I.e. avoid disturbing the peace.)
2007-12-14 16:34:02 · answer #2 · answered by The_Doc_Man 7 · 0⤊ 0⤋
If 100 of you want to meet down town on a Saturday night and walk to the zoo, you can do so. It is a peaceful assembly of people. If you want to meet in a part and discuss the city council and what to do about something they did, you can do so. It is a peaceful assembly of people. If the city tries to stop you, saying you need a permit, then they are trying to deny you your rights to peaceful assembly. Or if the cops show up and tell you to "break it up" then they also are denying you your rights. The key part of it is your assembly must be peaceful. The second it turns into a riot or becomes violent, they can stop you.
2016-05-24 00:58:27 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Yes, we are entitled to a peaceful protest, which may be in the form of a strike
2007-12-14 16:25:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Freedom of assembly is the first amendment of the constitution freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. It is held to be a key right in liberal democracies
2007-12-14 16:28:53 · answer #5 · answered by joe k 2 · 0⤊ 0⤋
Technically it is specified for the purpose of protesting the government; but by implication it includes nonviolent strikes or other types of protests and rallies.
2007-12-14 16:25:35 · answer #6 · answered by dukefenton 7 · 1⤊ 0⤋
Basically you can strike as long as you're not an employee of the government. Thats illegal, due to the necessity of that job.
2007-12-14 16:27:01 · answer #7 · answered by ep50 3 · 0⤊ 0⤋
Yes, it means that you can have peaceful strikes. It does not, however, prevent an employer from replacing you.
2007-12-14 17:05:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
democrats do it all the time more so when Republicans try to enforce laws! deporting crimaliens this can't happen must protest enforcement of laws.
2007-12-14 16:27:42 · answer #9 · answered by Tea Party Patriot 6 · 0⤊ 0⤋
you have the right to get together as long as the purpose is legal and any and all permits are taken out.
2007-12-14 16:26:04 · answer #10 · answered by John M 6 · 0⤊ 0⤋