Free Speech vs Disorderly Conduct - May 4, 2008

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Uploaded by on May 7, 2008

Honolulu police threatened to cite picketers for violating a city ordinance regarding disorderly conduct when neighbors of the Pacific Beach Hotel complained about the noise. The First Amendment to the US Constitution protects the people's right of free speech and peaceful assembly. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

After the 14th Amendment was passed, a series of Supreme Court decisions known as the Incorporation Doctrine made it clear that states and local governments within each state could not limit or restrict these First Amendment rights. The selective use of Honolulu's disorderly conduct ordinance to a labor picket violates the First Amendment.

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