“The right of the people peaceably to assemble …” How important is the Constitutional protected right to Assemble?  Very! Why? Because, any limits on the Freedom of Assembly undermine individual freedom and general liberty itself. Have individuals and groups taken advantage of this First Amendment freedom? Yes. Yet — in every instance — in which citizens permit government to impinge, encroach, or place limits upon this fundamental Freedom is to yield to control. Yes, We the People take into account public security and safety.  Some would add to the rationalization the “need to maintain law and order.” Of course, the validity of that is typically fluid and based on situation. For example: Consider, in other countries, government manipulation of assembly is in “order” to exert political control. Consider too, domestic government use of permits, etc. in order to regulate the Freedom of Assembly. Can it be that such ordinances threaten to undermine this fundamental First Amendment right? Can it be that such ordinances reflect an expanding shift of power to government – taken by government from the people? And, can it be that the importance of freedom to assemble is the antithesis of centralized government control in any country? A brief bit of American history: The individual freedom to assembly emerged during Colonial times.  Where? In the local tavern, a place where people almost daily congregated to discuss their views and opinions about everything including government and other concerns. Decisions often emerged there. People also assembled in the public square to listen to those who choose to speak out. Now, fast forward to 2012: Imagine, for a moment, no Freedom to Assemble? Imagine, for a second moment, no Freedom of Association, another right embedded within the Freedom to Assemble? Without the right to assemble and associate with another individual or in groups of individuals, there would be no tea parties, political parties, labor unions, business or charitable organizations — none, except perhaps those sanctioned by central authority.

Another brief bit of American history: James Madison was prescient in 1789 when he said it would take “independent tribunals of justice” (to be) - “… the guardians of those rights.” Madison saw the “independent tribunals of justice” as an “impenetrable bulwark against every assumption of power in” (and by) “the legislative or executive.” And, those “independent tribunals of justice,” Madison stated, “they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution.” Was Madison Right? Let’s move forward 150 years for the answer: The Supreme Court of the United States reiterated Madison’s prescience in two cases: Dejonge v. Oregon 1937 and Hague v. Congress of Industrial Organizations 1939.  Writing for the Court, Chief Justice Charles Evans Hughes declared, “The right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental,” and “peaceable assembly for lawful discussion cannot be made a crime.” The Truth Shot: The right of the people peaceably to assemble cannot be made a crime. Shredding the Constitution Series will continue next week. Richard is president of Olivastro Communications. Rich Olivastro@ gmail.com or by phone at 1-877-RichSpeaks.