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The right to assembly in the first amendment of the US Constitution is qualified by the word "peaceably," and my understanding is that local communities may still regulate peaceable assembly somewhat, with parade permits for example, which may require fees to be paid and/or police details (to be paid), time and location limits, etc.  Also, there may be local rules around side walk protests, such as when picketers are told to keep moving, so they walk in a circle.

The point is that the US constitution limits the federal government, but not always and entirely the state/local governments--though historically, federal limits enshrined in the first amendment have been increasingly applied to the states, but not always.  And since any street protest happens on some street somewhere, there is always going to be a local/state concern.

by jjellin on Mon Nov 15th, 2010 at 06:04:33 PM EST
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