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Article
The Neglected Right of Assembly
UCLA Law Review (2009)
  • Tabatha Abu El-Haj
Abstract

This Article considers changes in both our understanding of the constitutional right of peaceable assembly and our regulatory practices with respect to public assemblies. It shows that through the late nineteenth century the state could only interfere with gatherings that actually disturbed the public peace, whereas today the state typically regulates all public assemblies, including those that are both peaceful and not inconvenient, before they occur, through permit requirements. Through this regulatory shift, and judicial approval of it, the substance of the right of peaceable assembly was narrowed. The history recounted in this Article is significant because it provides insight into the democratic and social practices the right was intended to protect—insight that cautions against collapsing the collective right of assembly into the individual right of free expression.

Publication Date
February, 2009
Citation Information
Tabatha Abu El-Haj. "The Neglected Right of Assembly" UCLA Law Review Vol. 56 Iss. 3 (2009)
Available at: http://works.bepress.com/tabatha_abu_el_haj/1/