{"title":"Reimagining the First Amendment: The Assembly Clause as a substantive right","authors":"Kevin McGravey","doi":"10.1080/21689725.2019.1601580","DOIUrl":null,"url":null,"abstract":"ABSTRACT The right to protest is central to democratic participation. This essay suggests that recent attempts to use the right to assemble as a doctrinal hook to better protect protest are correct but incomplete. Such attempts rightly suggest that the Court’s current approach through free speech inadequately protects protest directed at public officials. But this essay argues that such accounts and the Court’s jurisprudence also inadequately protect citizens’ privacy in public spaces. By looking at current cases, history and theory it proposes an alternative account of assembly that better protects participation and the equality necessary to make participation effective.","PeriodicalId":37756,"journal":{"name":"First Amendment Studies","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2019-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/21689725.2019.1601580","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"First Amendment Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/21689725.2019.1601580","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT The right to protest is central to democratic participation. This essay suggests that recent attempts to use the right to assemble as a doctrinal hook to better protect protest are correct but incomplete. Such attempts rightly suggest that the Court’s current approach through free speech inadequately protects protest directed at public officials. But this essay argues that such accounts and the Court’s jurisprudence also inadequately protect citizens’ privacy in public spaces. By looking at current cases, history and theory it proposes an alternative account of assembly that better protects participation and the equality necessary to make participation effective.
期刊介绍:
First Amendment Studies publishes original scholarship on all aspects of free speech and embraces the full range of critical, historical, empirical, and descriptive methodologies. First Amendment Studies welcomes scholarship addressing areas including but not limited to: • doctrinal analysis of international and national free speech law and legislation • rhetorical analysis of cases and judicial rhetoric • theoretical and cultural issues related to free speech • the role of free speech in a wide variety of contexts (e.g., organizations, popular culture, traditional and new media).