US Supreme Court Decision, Cox v. Louisiana, decided Jan. 18, 1965
...at the height of the Civil Rights movement and also during a period of liberal ascendency on the Court, lest anyone think that this is conservative judicial activism at work.
The full text of the decision is here.
The pertinant portion is quoted here, as follows:
''The conduct which is the subject to this statute--picketing and parading--is subject to regulation even though intertwined with expression and association. The examples are many of the application by this Court of the principle that certain forms of conduct mixed with speech may be regulated or prohibited.''
FindLaw.com. "Main Index: Cases and Codes: U. S. Constitution: First Amendment." Annotations, p. 20, "Speech Plus--The Constitutional Law of Leafleting, Picketing, and Demonstrating." (c) 2001. Accessed 13 Apr. 2003
The First includes the right of the people peaceably to assemble. Obstructing traffic on a public thoroughfare without a permit is not peaceable, because it disrupts the civic order. If a group can prove that their group has applied for such a permit in a timely fashion and has been treated in a way that differs significantly from similar events based on their political views, they have a case to charge abridgement of freedom of assembly under the First.
The violation of civil law does not entitle the police to use undue force in the arrest or disbursement of the crowd, however. Just an observation; this doesn't seem to have happened.
Under no circumstances do they have the right to restrain free trade or to interfere with civil law. To do so would not be a peaceable pursuit of peace, and discredits the process.
Your complaint is groundless.
Regards--
Mary Anne
