Right to Petition

PATRICK GRYCZKA
RAJIQ INAM
JEFFREY
KAROL DROZDZAL
 Right to Petition

The Petition Clause in the First Amendment

 "Congress shall make no law … abridging … the right of the
people … to petition the Government for a redress of
grievances.“

• In simple terms
– The right to petition is the right to present
requests to the government without
punishment or reprisal.
Right to Petition in Context
 Key Supreme Court Cases

Thornhill v. Alabama (1940)

The Supreme Court held that orderly union picketing that informs the public of the issues is
protected by the constitutional freedom of speech and of the press and the right of petition and
peaceable assembly and cannot be prosecuted under state loitering and picketing laws.
United States v. Harriss (1954)
The Supreme Court upheld the authority of Congress to require certain lobbyists to register.
Edwards v. South Carolina (1963)
In an 8-to-1 decision the high court overturned the breach of the peace convictions of 180 black
students who had peacefully marched to the state capitol to protest discrimination. The police
stopped the demonstration and arrested the students because they were afraid that the 200-300
who gathered to watch the demonstration might cause a riot. The court held the state law
unconstitutionally overbroad because it penalized the exercise of free speech, peaceable
assembly, and the right of petition for a redress of grievances. A disorderly crowd, or the fear of
one, cannot be used to stop a peaceful demonstration or cancel the right of peaceable assembly.
Brown v. Louisiana (1966)
The Supreme Court reversed the convictions of five black individuals who participated in an
orderly and peaceful sit-in at a local branch library to protest segregation at the library. The court
protected their right of petition and freedom of assembly.
 Key Supreme Court Cases (cont.)

Brown v. Glines (1980)

The high court upheld the authority of military base commanders to require approval before
military personnel can send a petition to members of Congress.
United States v. Grace (1983)
Congress tried to isolate the U.S. Supreme Court from demonstrations or lobbying on the
court steps. But the high court held that the acts of distributing leaflets and carrying picket
signs on the public sidewalk around the building were protected by the First Amendment.
McDonald v. Smith (1985)
The Supreme Court unanimously held that statements made in a petition to the government
are not entitled to greater constitutional protection than other First Amendment expressions.
In letters written to President Reagan concerning someone being considered for U.S.
attorney, the writer made false and derogatory statements. The letter writer was sued for
libel. The writer pleaded that the Petition Clause of the First Amendment gave him immunity
from prosecution. Wrong, said the court.
Walters v. National Association of Radiation Survivors (1985)
The U.S. Supreme Court held that a $10 limit on what a veteran can pay an attorney for
representing him in pursuing claims with the Veterans Administration did not abridge the
veteran's right to effectively petition the government.
Incorporation into State Law
 Exceptions

Anti-slavery Petitions
 In 1836 John Clahoun tried to introduce a gag rule in the
Senate. It was rejected, but Congress still agreed on a method
that achieved the same effect without technically violating the
gag rule. Rather than voting on whether or not to accept a
petition, Congress decided to vote on whether to consider
receiving the petition.