Freedom of Assembly, Association and Rights to Petition the Government
by: Carl Vinson Institute of Government, University of Georgia
Freedoms of Assembly and Association and Rights to Petition the Government
This document tells you the following:
- What is the freedom of assembly?
- What is the freedom of association?
- What is the right to petition the government?
Freedom of Assembly
SITUATION 17 A group of parents are unhappy with a decision by the city government. Due to limited funds, the summer recreation program is being discontinued. The parents decide to object by holding a demonstration near city hall. They march to the front of the building. There they stand quietly for one hour, holding their signs and handing out leaflets.
Do you think that the parents should be permitted to demonstrate in front of city hall? Does their activity disrupt the government's activities?
Another right given to Americans is the right to assemble. However, the courts have generally said that governments may set reasonable restrictions on the time, place, and manner in which people gather. They can set these restrictions to prevent a danger to or disruption of government activity.
Any law restricting a group's freedom to assemble must be very clear and have clear guidelines that a state, police, or other enforcement agency can follow. Governments may require permits for activities such as those in situation 17. However, the procedures for obtaining a permit must be clear and fairly applied. A permit cannot be denied because a group or its cause is disliked.
Furthermore, such restrictions must be reasonable. A government might prohibit demonstrations in front of a building's entrance during work hours. However, to allow demonstrations only between 2 a.m. and 3 a.m. would be unreasonable.
Suppose the parents in situation 17 decided to distribute their pamphlets door-to-door in their neighborhood. What if they wanted to drive a vehicle with a loudspeaker through the downtown area? In these instances, the right to free expression might conflict with other people's right to peace and order. Courts can prohibit groups from disrupting traffic on a freeway or littering a park, for example. Cities may require permits for door-to-door solicitors in order to protect people's privacy. However, those permit requirements cannot infringe on a person's right to religious freedom or anonymous political speech. Because of noise nuisance, the use of loudspeakers may be limited or prohibited.
Freedom of Association
Closely related to freedom of speech and assembly is freedom of association. This freedom is the right of individuals to associate with others for political, social, or economic reasons. There are professional groups such as associations of teachers or musicians. There are labor unions. There are business organizations such as chambers of commerce. There are neighborhood associations. There are environmental protection organizations. There are groups sponsoring high school events. You can probably think of many more.
What would happen if the government could forbid any association it did not like? What if it could forbid associations of African Americans or Hispanics? What if the president of the United States decided to forbid all other political parties but his own? Would democracy still be possible?
Thinking about these questions will make you understand more clearly some of the reasons for the freedoms of association and assembly. These freedoms allow opportunities for exchanging and developing ideas. They allow forums in which people can discuss their problems and how to deal with them.
In addition to protecting the right to associate with whomever you want, the First Amendment also protects the right of private individuals not to associate with others. For example, private clubs or organizations may exclude individuals from membership. The government, though, does not have the right to exclude people from government participation or employment for just any reason. For example, a public school cannot admit students based solely on their race or national origin, except in very rare instances.
There are some limitations on the rights of individuals to associate. The right to associate does not extend to gathering for illegal or criminal purposes. Sometimes people form associations to object to laws or government policies. In those cases, the right to associate is especially important. As a matter of fact, the framers of the U.S. Constitution had two purposes in mind when they wrote the document: (1) to establish a government and (2) to protect the people from oppression by that government. The freedoms in the Bill of Rights permit people to act to change our society without the need for violence. Without these freedoms, the Civil Rights movement, for example, might never have occurred.
During the Civil Rights movement, people protested existing laws by disobeying them. This form of protest is called civil disobedience. A person does not have the right to avoid punishment for civil disobedience. However, the government may never prevent a group of persons from associating to object to a civil law.
SITUATION 18 Alex applies for a job. The application asks if he is a member of the Communist Party. He is a member of this group but he does not want to say so.
Do such questions limit freedom of association?
Many people fear that identifying the members of a group will lead to their harassment. However, courts have supported such disclosure if the government can show a compelling interest in identifying the group members. A compelling interest might be to prevent illegal activity.
What if Alex was applying for a job with the Department of Defense in situation 18? Would that make a difference?
Right of Petition
The right of petition to the government is expressly mentioned in the First Amendment. This right guarantees that individuals may seek access to all agencies of government, not just their elected representatives. Thus, you can call the mayor to complain about garbage collection, or you and other students can sign a letter asking the school principal to have several basketball team rallies. This right means that you can, with others, ask a court to halt the polluting of a river.
The Georgia Constitution also guarantees the right to assemble and petition:
The people have the right to assemble peaceably for their common good and to apply by petition or remonstrance to those vested with the powers of government for redress of grievances. [Art. 1, sec. 1, para. 9.]
* Excerpted from An Introduction to Law in Georgia, Third Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2001). The Vinson Institute is not responsible for errors in the online text. Content is for information only; in no way should the information in the book be considered legal advice to anyone on any matter for which there are legal implications. Any such matter should be specifically addressed with an attorney. The book is available for purchase at or by contacting the Publications Program, Carl Vinson Institute of Government, University of Georgia, 201 M. Milledge Avenue, Athens, GA 30602; telephone 706-542-6377; fax 706-542-6239.
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