Assembly: the First Amendment's Forgotten Right

by Victoria Ison

“Congress shall make no law respecting…the right of the people peaceably to assemble and to petition the government…”

– First Amendment to the Constitution of the United States of America

All the other rights listed in this famous clause are separated by semicolons, or at least by the word “or,” designating them as separate entities worth protecting.

This could have contributed to the confusion in the early nineteenth century. While various branches of the government were still figuring out what the Constitution and its expanding Bill of Rights meant in practical application, the wording of the first amendment in regards to the right of assembly was questioned.

Were the rights of assembly and petition separate? Or was assembly only guaranteed if it came about in the course of petitioning? The former was ultimately decided upon by the Supreme Court and various lesser courts of the nation. Today citizens of the United States understand (or they should) that they have the right to assemble as they please, so long as they do so peaceably.
It’s surprising how truly basic this right to assemble is. It goes hand in hand with religious freedom; the right to practice a belief would be futile for many if they didn’t also have the right to commune with others of the same beliefs.

More commonly, we think of the right to assemble in terms of strikes and protests. Both are essential ways of protecting other freedoms: think labor unions.

Especially in the decades before webcams and online chatting were invented, the significance of the right to assemble together can not be understated. Even today, the ability to talk face to face with another supporter of a cause can boost morale and inspire reformers in a way that technological communication can not.

The right to assemble is the right to unite in a common cause. It is an incredibly easy right to take for granted, but it is a right that can not long be forgotten.