Exam 19: Freedom of Association and Assembly
Explain, with reference to case law, the indirect means which can be employed to restrain public meetings.
One indirect means to restrain public meetings is through the use of permit requirements. In the case of Cox v. New Hampshire (1941), the Supreme Court upheld a permit requirement for parades and public assemblies, stating that the government has the right to regulate the time, place, and manner of public gatherings in order to maintain public order and safety. This decision established that permit requirements can be used as an indirect means to restrain public meetings by giving the government the authority to deny permits or impose strict conditions on them.
Another indirect means to restrain public meetings is through the use of zoning laws. In the case of City of Renton v. Playtime Theatres, Inc. (1986), the Supreme Court ruled that zoning laws can be used to regulate the location of adult businesses, including theaters and bookstores, in order to prevent negative secondary effects such as crime and decreased property values. This decision established that zoning laws can be used as an indirect means to restrain public meetings by limiting the locations where public gatherings can take place.
Additionally, indirect means to restrain public meetings can also include the use of noise ordinances, curfews, and other regulations that limit the ability of individuals to gather and express their views in public spaces. These indirect means may not explicitly prohibit public meetings, but they can effectively restrict the time, place, and manner in which such meetings can occur.
In conclusion, there are various indirect means that can be employed to restrain public meetings, including permit requirements, zoning laws, noise ordinances, and curfews. These means may not directly prohibit public gatherings, but they can effectively limit the ability of individuals to exercise their right to assemble and express their views in public spaces.
The offence of fear or provocation of violence can be committed by one person acting alone.
True
Under the Public Order Act of 1986 violent conduct is defined as conduct specifically intended to cause damage or injury.
False
Conditions may be placed on a demonstration to prevent which of the following?
The provisions in the Criminal Justice and Public Order Act 1994 in relation to failing to leave in a reasonable time apply to gatherings held at night with amplified music and at least how many people?
Under the Public Order Act 1936 the wearing of uniforms in public with the intention of promoting a political objective is unlawful.
In the White Paper 'Review of Public Order Law' 1985 which of the following behaviour was NOT specifically stated as being targeted?
In UK law there is an unrestricted right to assemble on any land to which the public has access.
Except where it is impracticable to do so, in England, how many days' notice should be given of a procession which is designed to oppose the views of another?
Explain, with reference to case law, how the criminal provisions of the Protection of Harassment Act 1997 operate.
The Article 11 right to freedom of association and assembly is a limited right.
For the offence of 'harassment, alarm or distress' actual harassment, alarm or distress needs to be proven.
It is a criminal offence which may be punished under indictment to obstruct the highway.
Explain how the law governing public order has developed over the last 50 years.
Outline how the law now impacts upon the rights of travelling communities to move along the highway.
Which Article of the ECHR relates to freedom of assembly and association?
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