REGULATION OF DEMONSTRATION (FROM THE LAW OF DISSENT AND RIOTS EDITED BY M.C.BASSIOUNI - SEE NCJ-01764)

• NCJ Number: 2034
• Author(s): ANON
• Date Published: 1971
• Length: 17 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Book (Hardbound)
• Language: English
• Country: United States of America

Annotation

AN EXAMINATION OF DEMONSTRATIONS AND THEIR REGULATION WITH REGARD TO FIRST AMENDMENT PROTECTION.

Abstract

IN REGULATING DEMONSTRATIONS THE STATE SHOULD BE CAREFUL TO IDENTIFY A SUBSTANTIAL INTEREST WORTHY OF PROTECTION, SINCE THE COURT HAS ALWAYS HAD MISGIVINGS ABOUT RESTRICTIONS ON FIRST AMENDMENT RIGHTS. FUTHERMORE, THE STATE SHOULD CONSIDER THE POSSIBLE EFFECTS OF A REGULATION ON FAVORED GROUPS WHICH IT MIGHT OTHERWISE WISH TO LEAVE UNEMBARRASSED BY REGULATORY IMPOSITIONS. EVEN A REGULATION WHICH PROTECTS A LEGITIMATE STATE INTEREST MAY STILL BE VULNERABLE ON EQUAL GROUNDS IF IT TREATS LESS FAVORED GROUPS DIFFERENTLY THAN OTHER GROUPS, LIKE THE ROTARY CLUB OR THE AMERICAN LEGION. FINALLY, THE REGULATORY SYSTEM TAKEN AS A WHOLE SHOULD NOT BE SO FORMIDABLY ELABORATE AND COMPLEX THAT IT INFLICTS DEATH BY A THOUSAND CUTS ON THE RIGHT TO DEMONSTRATE, OR DISCOURAGES EXPRESSION BY MINORITY GROUPS THROUGH FEAR OF A REGULATORY IMBROGLIO. CASE REFERENCES MAY BE FOUND IN THE NOTES. (AUTHOR MODIFIED)