Its The First Amendment, Stupid! - Granite Grok

Its The First Amendment, Stupid!

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” —First Amendment of the United States Constitution

“Or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”

"You don't need no stinkin' first amendment."
“You don’t need no stinkin’ first amendment.”

The U.S. Supreme Court recognized the importance of this freedom in the 1937 case De Jonge v. State of Oregon, writing that “the right to peaceable   assembly is a right cognate to those of free speech and free press and is equally fundamental.” According to the Court the right to assemble is “one that cannot be denied without violating those fundamental principles which lie at the base of all civil and political institutions.”

Yet, the Supreme Court has also repeatedly ruled that governments may place reasonable restrictions on the time, place, and manner of individual expression. Time, place, and manner (TPM) restrictions accommodate public convenience and promote order by regulating traffic flow, preserving property interests, conserving the environment, and protecting the administration of justice. Consequently, the Court has developed a four-part analysis to evaluate the constitutionality of TPM restrictions. To pass muster under the First Amendment, TPM restrictions must be content-neutral, be narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. Application of this analysis varies in accordance with the circumstances of each case.

There are several gun groups across the Granite State that desire to raise their voices and object to Scott Brown’s possible candidacy where such candidacy clearly impinges on another constitutional right: The Second Amendment.  And we seek to gather, loosely confederated to raise our voices under the auspices of the first amendment.

Mayor Donalee Lozeau and N.H. GOP chair Jennifer Horne, seek to suppress that freedom of speech under the auspices of local procedure and color of municipal authority. I need not dig into the politics of it as my colleague Susan Olsen did so succinctly in the post prior to this one.

I have already given a heads up to the New Hampshire Civil Liberties Union and several attorneys are quietly watching to see how this unfolds.

Indeed, municipalities that have these permit procedures will often require that application be made weeks in advance of the event. The First Amendment prohibits such an advance notice requirement, however from being used to suppress, thwart or otherwise prevent rallies or demonstrations that are rapid responses to unforeseeable, suddenly and abruptly scheduled and recent events.

While such permit ordinances often give considerable discretion to police or city officials to impose conditions on events, such as the route of a marches or the sound levels of amplification used, such restrictions may violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication with the intended audience. A permit cannot be denied because the event is controversial or will express unpopular or uncomfortable views.

Scott Brown said, “As a state legislator in Massachusetts I supported an assault weapons ban thinking other states would follow suit. But unfortunately they have not and innocent people are being killed. As a result, I support a federal assault weapons ban, perhaps like the legislation we have in Massachusetts.” 

Supporters of the second amendment oppose that particular viewpoint. We, as citizens of New Hampshire, have the right to make that viewpoint heard. And for the Mayor of Nashua to attempt to quiet our voices is not only wrong its corrupt. Corrupt you say? Yes. Despite Nashua having a permit system in place, they do no apply it uniformly, routinely making exceptions to various groups that are not poking them with a sharp stick.

 

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