Constitutional rights

Freedom of assembly has become the forgotten constitutional right, with courts’ attention focused more on freedoms of association and speech. Both the Occupy and Tea Party movements, however, are reminders of how the right to assemble has been “at the heart of some of the most important social movements in American history: antebellum abolitionism, women’s suffrage and the Civil Rights Movement,” says John Inazu, JD, PhD, associate professor of law at Washington University in St. Louis. In his new book, Liberty’s Refuge: The Forgotten Freedom of Assembly, published last month by Yale University Press, Inazu examines why freedom of assembly has become “a historical footnote in American law and political theory,” and what has been lost with the weakening of protections for private groups.

The recent decisions by Oklahoma and Colorado federal courts invalidating the Federal Trade Commission’s “Do Not Call List” were major victories for telemarketing companies, “but a tragedy for the rest of us,” says Neil M. Richards, associate professor of law at Washington University in St. Louis. “Even with the quick reversal of the Oklahoma decision by Congress and President Bush, the Colorado decision remains a major roadblock for the List,” notes Richards. “The FTC and the Federal Communications Commission have been warned by Judge Harrington in Colorado not to go against his order, and Congress has no power to overrule the judge’s decision- they cannot change the meaning of the First Amendment as interpreted by the Courts.”