Document Type
Article
Publication Date
2016
ISSN
0010-8847
Publisher
Cornell Law School
Language
en-US
Abstract
This Note argues that the ritualized use of extreme police force on peacefully assembled groups is a violation of the Assembly Clause as it was originally intended to function. Part I gives a general account of the Assembly Clause, its creation, and its original intention to safeguard minority views. Part II recounts part of the history behind the militarization of police forces. Part III suggests a balancing test the courts should use when evaluating violations of the freedom to peaceably assemble in order to conform to the original meaning of the First Amendment.
Recommended Citation
Emmanuel Arnaud,
Dismantling of Dissent: Militarization and the Right to Peaceably Assemble
,
101
Cornell Law Review
777
(2016).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4065
Included in
Constitutional Law Commons, First Amendment Commons, Law and Society Commons, Law Enforcement and Corrections Commons
