Constitutional Rights
https://www.lawyers.com/legal-info/c...trictions.html
When May Government Restrict Your Right to Gather and Protest?
By
E.A. Gjelten, Author and Editor
People in the U.S. have a constitutional right to assemble peacefully—for any reason or for no reason. But as with all rights, there are some limits.
The right of assembly is closely linked to its more famous companion in the First Amendment to the U.S. Constitution: freedom of speech. Both rights have been at the heart of controversies for much of our country’s history, from picketing strikers in the 1930s to civil rights sit-ins in the 1960s, from KKK rallies in the 1920s to white supremacist marches in the 2010s. But the right to gather with others isn’t limited to political protests. It can also include simply hanging out with friends in public—or, as the U.S. Supreme Court put it, the “freedom to loiter for innocent purposes” (
Chicago v. Morales, 527 U.S. 41 (1999)).
Rights Have Limits
No First Amendment rights are absolute, but the right to gather is the only one that includes the most important limit in the actual words of the amendment: “the right of the people
peaceably to assemble.” That means law enforcement may break up any gathering that has turned violent or raises a “clear and present danger” of violence or disorder (
Cantwell v. Connecticut, 310 U.S. 296 (1940)). The “clear and present danger” standard is a particularly high hurdle for government officials to overcome if they want to prevent planned gatherings ahead of time.
Violence or the threat of violence isn’t the only limit on the right of assembly. Authorities may also prevent or stop gatherings that clearly pose other immediate threats to public safety.
bb- writing in caps does not mean the supreme Court sees the matter your way.
Danger to public health is a clear limitation of the right of assembly.
You have the Freedom of speech to criticize - Yes.
The Examples of limitations of Constitutional "Rights" due to Public health are many - for exampLe - "Typhoid Mary" repeatedly and in defiance of legal order worked in rstaurants and infected people with typhoid fever - she was remanded to confinement to prevent the danger to public health.
Individuals with positive HIV status who deliberately , knowingly, and without informed consent have sex with and infect another person commit a crime - and may be prosecuted and imprisoned.
Do U disagree with this standard of the law regarding freedom of assembly.??
I will not change your mind, and feel I will likely expose myself to blow-back on your part.
U do have the freedom of assembly - but not to endanger the Public health.
Confirmed by the SC.
