How Necessary is the Right of Assembly?

26 Pages Posted: 27 Mar 2012  

Robert K. Vischer

University of St. Thomas, St. Paul/Minneapolis, MN - School of Law

Date Written: 2012

Abstract

This paper continues the conversation initiated by John Inazu's new book, Liberty's Refuge: The Forgotten Freedom of Assembly, by locating Inazu's analysis within our legal system's broader struggle to reconcile liberty claims by groups with our commitment to the individual's rights-bearing primacy. I underscore the timeliness and relevance of his approach, then ask three questions: 1) Why does Inazu limit the freedom of assembly to non-commercial groups? 2) Is Inazu's argument more appropriately pitched to judicial or political actors? and 3) If the right of association were to be interpreted less narrowly by courts, could it carry the burden that Inazu seeks to lay on the right of assembly?

Keywords: freedom of assembly, constitutional rights, first amendment, constitutional interpretation

Suggested Citation

Vischer, Robert K., How Necessary is the Right of Assembly? (2012). Washington University Law Review, Forthcoming; U of St. Thomas Legal Studies Research Paper No. 12-11. Available at SSRN: https://ssrn.com/abstract=2029979

Robert K. Vischer (Contact Author)

University of St. Thomas, St. Paul/Minneapolis, MN - School of Law ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
651-962-4838 (Phone)

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