Right to Freedom of Assembly

Orsolya Salát is an Assistant Professor of Human Rights and Comparative Constitutional Law at the ELTE University, Faculty for Social Sciences, Budapest.

• Introduction I. The Challenge of Freedom of Assembly II. A Concept of Assembly III. Structure Chapter 1: Origins, Forms and Values I. Historical Origins of the Right to Freedom of Assembly II. Meeting, Marching or Speaking: Forms of Assembly III. Fundamental Right, or ‘Mere’ Common Law Liberty IV. The Value of Freedom of Assembly: Contemporary Judicial Rationales Chapter 2: Prior Restraints, Exemptions and Bargain I. Prior Restraint in General II. Advance Notice or Permit III. Prior Ban and Conditions IV. Exemptions, Derogations from the Notification Requirement Chapter 3: From Violence to Public Disorder to Crime Prevention I. The Peacefulness Requirement: A Determinant of Scope or a Limit II. The Would-be Disorderly: Judicial Doctrines of Risk-assessment Chapter 4: From Coercion to Direct Action to Disruption I. Nötigung in Germany II. United Kingdom: Disruption, Obstruction and Many More III. United States: Inconsistency Masked by Content-neutrality IV. France: Pressure Inherent in Strike V. European Court of Human Rights: No Violation Chapter 5: Dignity as Peace, Truth and Love I. Germany: Dignity and its Substitute ‘Public Peace’ II. France: Dignity as Public Order and Officially Declared Truth III. United States: Dignity as Non-Argument IV. United Kingdom: Dignity Under Different Names V. European Court of Human Rights: Hate Speech Chaos Chapter 6: Restrictions on the Time I. Special Days of the Year: The Notion of Public Order in Germany II. Duration, Time Limit, Frequency Chapter 7: Restrictions on the Manner I. Banned and Protected Symbols: Whose Identity? II. Uniforms and Masks: Whose Fear? III. One Man’s Noise is Another’s Music IV. Modes and Means of Protest as Aesthetic Harm Chapter 8: Restrictions on the Place I. Private Public Places II. Governmental Buildings: Managerial or Authoritarian Protection? III. Memorial Sites: Identity Fight over Collective Memory IV. Designated Zones: Speech Pens, Protest Cages Conclusion I. Specific Comparative Findings II. General Evaluation and Suggestions