We’re Here, We’re Assembling, Get Used to It

Our summer trip down the First Amendment Highway arrives today at our fourth of five stops, “the right of the people peaceably to assemble.”  Next week we’ll conclude with the right “to petition the Government for a redress of grievances.”  These last two may not seem as interesting or volatile or memorable (both Dale and I had trouble remembering them before this informative series of columns) as the protections of freedom of speech, worship or press, but they are no less important in our history, or today.

America loves a parade, happy assembled crowds on public streets.  Just don’t make us look at gay people in the parade.

The US Supreme Court hasn’t ruled as much on the right to assembly as it has on the other rights in the First Amendment, but when it has, only twice in the last 30 years, the cases have been about whether the right extends to gay Americans.  Both times the Court has answered, “No.”

A Boston Gay and Lesbian Club wanted to march in the city’s big deal St. Patrick’s Day Parade in the 80’s, citing their right to assemble.  The Court ruled that the organization putting on the parade did not have as one of its stated purposes promoting gay rights, so they could exclude the club.  Beer drinkers, leprechauns – fine, part of the mission.  Gay Irish folks – no right to assemble.

The court ruled more recently that since the Boy Scouts’ mission is to promote “clean,” “straight” values, they can exclude gay kids and leaders from their assemblies and association. (Strictly speaking, this case was about the right to association, not assembly, which is not named in the Constitution, but has derived from the assembly right; it is the right to form associations and decide who can belong; women and blacks won many of these cases in the 60’s and 70’s against male and/or white organizations, but recent courts have given groups more power to exclude.)

(Both Boston and the Boy Scouts have since progressed, on their own accord, or from local pressure and changed cultures, and now are much more open to gays and lesbians.  Not perfect – they’re in the parade and among the scout troops, but forbidden as scout leaders.)

Occupy MovementThe whole point of assembly is to be seen.  Every week I drive past a small group of 5 or 6 Tea Party supporters holding signs on a street corner, and I’m happy to see these idiots out there berating Obama.  I’m happier still to look back at these photos of US history being changed when ten of thousands have assembled in Washington.  The courts allowed, or did nothing to prevent, dramatic assemblies of people, like the Women’s Suffrage marches (that brought many women into public activism for the first time,) the March on Washington (that moved Johnson to sign the Civil Rights Act), or Vietnam Moratorium protests (that changed Nixon’s mind about escalating the war).

What would US history be without the people assembling, mostly peaceably, to effect social change?  Think labor strikes.  Think Occupy.

Oh yeah, the Occupy Movement.  Not much legal or community support for their right to assemble.  Arrests, evictions, that was the norm, supported by local politicians of both parties.

We love our First Amendment, but court opinions and public opinion lately seems to be more about control and limits to these freedoms rather than full expression. 

Free Speech ZoneFree Speech ZoneThe most depressing examples of the current state of the right to assembly are the so-called “free speech zones” found at national conventions for both the Democrats and Republicans.  Chain link pens as much as three miles away from the event, where protesters must remain.  No press access and coverage is allowed of these “assemblies.”  These caged pens flourished in the Bush Administration but have continued to today, ostensibly in the name of security.  Over and over pro-Bush assemblers were allowed to remain along a motorcade or at an event, but anti-Bush assemblers were forced to enter these cages far from the event or media and were arrested if they objected.  Many called them “Orwellian.”  Like so much in America, fear about safety and security becomes paranoia and control, and the loser is our constitutional freedoms.

Congress shall not limit the right of people peaceably to assemble.  As long as the people are like us, and if not, we put them over there in cages.  I’ve seen caged things in parades, but they’re not my fellow citizens. 

Copyright © 2014 Deborah Streeter