Legal Question in Constitutional Law in Israel
subject:
As a part of a reaserch study at school on the subject protesting. I'd like to ask: What are the limits on the civil right to protest and demonstration? Will the answer change according to the target of the protest?
Thanks,
IDC college.
2 Answers from Attorneys
Re: subject:
Protests can be limited in matters of time, place and manner and can never be limited in terms of content. So the answer to your second question is no, it does not change depending on the target, that would clearly be illegal.
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Re: subject:
The limits are what is within the federal and state laws. While under both the federal and NY Constitutions everyone has the right to petition the government for redress of greivances, that does not extend to violating a law that is constitutional itself.
An easy example of laws that were unconstitutional were the segregation laws. People areested and assaulted by the police in the 60's for marching and protesting were wrongfully arrested.
Now, 42 USC 1983 and other such civil rights statutes, not only provide people who are injured under color of law with a cause of action, but it also pays attorneys fees.
I am not quite sure what you mean about whether the answer will change with the target of the protesting. If you mean the subject matter, only if the protester actually slanders or libels the person he is protesting. Take a look at my case, 600 W. 115th St v. Von Gutfeld for a view of what the Court of Appeals had to say in a defamation action where my client spoke at a Comunity Board hearing, and stated that something "smelled" of bribery and corruption.
Held, constiutionally protected opinion.