Comments on: Supreme Court and constitutional law roundup

By: John Fembup

John Fembup — Mon, 28 Aug 2017 15:58:13 +0000

In reply to MattS.

Matt, I am not talking about – or even insinuating – prior restraint.

By: cecil

cecil — Mon, 28 Aug 2017 15:28:03 +0000

Hugo, you can peaceably assemble and you can redress your grievances, but you do not have to do both at the same time. It is your endowed right to do them both however. I almost wrote permitted, but it’s not a matter of permission, it’s a matter of something the government has no authority to control. If they don’t like it, let them take it up with the creator.
Lots of folks peacefully assemble at their local ranges with weapons all the time. In fact, I would suggest that having persons with weapons knowledgeable of those weapons has a social benefit. And exactly how many people were shot at Charlottesville? I personally have not owned a firearm since I lost my sight at 14. I was however taught gun safety and how to shoot when I was 6. In fact, I had my own bolt action .22 which I was responsible for maintaining. But I learned with bolt action, semi-auto and a pump action 12 gauge. Sometimes hunters assemble with their weapons and go hunting. Assembly and weapons are not mutually exclusive.

By: MattS

MattS — Mon, 28 Aug 2017 04:54:05 +0000

In reply to John Fembup.

Under no theory that I am aware of does the right to peaceably assemble include any of those things.

On the other hand, proving in advance that any group is intentionally planning to do any of those things is likely to be impossible.

As such, as with speech, the courts should look at any attempt at prior restraint of the right to peaceably assemble with great skepticism.

By: Hugo S Cunningham

Hugo S Cunningham — Mon, 28 Aug 2017 03:07:52 +0000

@ John Fembup– I have raised similar points in the past about residential picketers and anti abortion extremists, but it applies equally to today’s neo-communists (communism equals socialism plus repression).

The word “peaceable” is increasingly forgotten, but so are the words which follow: “The right of the people peaceably to assemble, and to petition the *government* for a redress of grievances.” (*emphasis* added). The First Amendment guarantees you the right to stage your own rally, but not a right to scream at and threaten private individuals that you disagree with.

By: John Fembup

John Fembup — Mon, 28 Aug 2017 00:50:34 +0000

Speaking of the First Amendment, under what theory does the right of the people to “peaceably assemble” Include the right of assembly to threaten, assault, and riot?

By: Walter Olson

Walter Olson — Sat, 26 Aug 2017 01:22:57 +0000

In reply to David Nieporent. Ouch! My mistake. Fixed now.

By: David Nieporent

David Nieporent — Fri, 25 Aug 2017 23:55:28 +0000

Steve Lubet, not David.