Freedom of Assembly and Petition

by Russell, Margaret M.

ISBN13: 9781591027775

ISBN10: 1591027772

Format: Trade Paper

Pub. Date: 2010-02-23

Publisher(s): Prometheus Books

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Summary

This is the first anthology of scholarship about the Assembly and Petition Clauses. Congress shall make no lawabridgingthe right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Author Biography

Margaret M. Russell is a professor at Santa Clara University School of Law, specializing in civil procedure and constitutional law, particularly the First Amendment. She is a member of the American Law Institute and is a longtime leader in the American Civil Liberties Union, the Equal Justice Society, and other law and policy organizations.

Acknowledgments	p. 15
Series Editor's Preface	p. 17
Editor's Introduction	p. 21
"The Right of the People": Assembly and Petition as a Unitary Clause	p. 25
Freedom's Associations	p. 26
A Right of Access to Court under the Petition Clause of the First Amendment: Defining the Right	p. 32
The Bill of Rights as a Constitution	p. 36
"... To Petition the Government for a Redress of Grievances"	p. 43
Origins and Early History
The Vestigial Constitution: The History and Significance of the Right to Petition	p. 47
"Petitions" from Rampant Women: Suffragists and the Right to Assembly	p. 60
A Short History of the Right to Petition Government for the Redress of Grievances	p. 66
Initiative Petition Reforms and the First Amendment	p. 69
John Quincy Adams, Slavery, and the Disappearance of the Right to Petition	p. 72
Scope and Meaning
The First Amendment Right to Petition Government for a Redress of Grievances: Cut from a Different Cloth	p. 85
A Right of Access to Court under the Petition Clause of the First Amendment: Defining the Right	p. 94
"Shall Make No Law Abridging...": An Analysis of the Neglected, but Nearly Absolute, Right of Petition	p. 104
Sovereign Immunity and the Right to Petition: Toward a First Amendment Right to Pursue Judicial Claims against the Government	p. 110
Downsizing the Right to Petition	p. 119
Contemporary Debate
"Libelous" Petitions for Redress of Grievances: Bad Historiography Makes Worse Law	p. 129
The Return of Seditious Libel	p. 134
Antitrust Immunity, the First Amendment and Settlements: Defining the Boundaries of the Right to Petition	p. 142
"Strategic Lawsuits Against Public Participation" (SLAPPs): An Introduction for Bench, Bar, and Bystanders	p. 151
Petitioning and the Empowerment Theory of Practice	p. 160
Immigrants and the Right to Petition	p. 170
"...The Right of the People Peaceably to Assemble..."	p. 185
Origins and Early History
The Intent of the Framers	p. 189
Women and Freedom of Expression before the Twentieth Century	p. 195
Freedom's Associations	p. 200
The Neglected Right of Assembly	p. 205
Assembly and Association
Hanging with the Wrong Crowd: Of Gangs, Terrorists, and the Right of Association	p. 207
Freedom of Association: An Introductory Essay	p. 217
Contemporary Debate
Hanging with the Wrong Crowd: Of Gangs, Terrorists, and the Right of Association	p. 225
Speaking in the First Person Plural: Expressive Associations and the First Amendment	p. 234
Association and Assimilation	p. 241
The Expressive Interest of Associations	p. 250
The Neglected Right of Assembly	p. 255
Appendixes
Constitution of the United States of America	p. 261
The Amendments to the Constitution	p. 277
Table of Contents provided by Ingram. All Rights Reserved.