Some Assembly Required

Flux is the nature and salvation of our society, yet our individual natures, our

intellects and consciences fight entropy. As we seek stability, safety and justice in the

institution of law, and when those laws grow of necessity to address the issues of our

times, the interpretation of our forefathers’ constitutional intent can become obscured by

time and ambiguity. Indeed, our liberties today are won and lost not with blood on some

revolutionary battlefield, but with semantics. Although judicial interpretation of the right

of the people to peaceably assemble has led to the allowance of municipalities to require

assembly permits, some of the repercussions of such mandates have grossly narrowed the

ability of the public to exercise that right. We will make an exploration of the unintended

consequences and limitations of constitutional rights, brought about by such permits.

However, before we proceed, because the application of the constitution in

modern law is based on judicial interpretation, we should, for the sake of clarity, define

our terms.

As it is used in the U.S. Constitution, “assembly” is defined as: the coming

together of people for a common purpose. Interestingly, the same definition could be

ascribed to society. In fact, what action is more productive and fundamentally human

thanassembly? As governed by law, the word assembly refers to gatherings ranging in

function from labor rallies, impromptu “soap box” dialogs, and political protests, to

community picnics, and the music festivals in your public park. The wording of the first

amendment is that “Congress shall make no law …..abridging ……. the right of the

people peaceably to assemble“...

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right and the subjugation of citizens in such a manner, although not interpreted as

unconstitutional, is surely against the spirit of liberty. As broadly as the liberties are

stated in the constitution, so too can they be broadly abused with poor or reckless

interpretation.

Works Cited

Andy Stapleton

Washington State Legislative Facilities Office

(360) 786 - 7079

Tabatha Abu El-Haj, ”The Neglected Right of Assembly”

Ari Kletzky, “What is Peaceable Assembly or the Right of Assembly?”

Richard Moore, “County lawyers won't commit to constitutionality of new code Large-assembly ordinance “likely” defensible, attorneys tell supervisors” The Lakeland Times 11/26/2010