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Freedom of Assembly
Cases
6
Law
Undergraduate 1
05/19/2013

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Cards

Term
Art 11
Definition
Kuznetsov v Russia - 'peaceful assembly' = private/thoroughfare/static/procession meetings
Plattform 'Artze fur das Leben v Austria - positive duty to facilitate peaceuful protest (effort needed)
Ollinger v Austria - SS cemetery, unless proportionate avoid violence, cannot prohibit counter-protest
Term
Public Order Act 1986
Definition
Brutus v Cozens - L Reid: sensible man knows an insult when he sees one
Masterson v Holden - gay couple kiss
Norwood v DPP - Islam Out, fulfilling s5 will usually preclude reasonabless (Auld LJ)
Hammond v DPP - preaching immorality of gays.. not reasonable
ProLife Alliance - broadcast right not to air foetus campaign. L Scott (diss) 'right to offend/shock/disturb'.
Term
Criminal Justice and Public Order Act 1994
Definition
R v Jones (Margaret) - tresspassed military base to stop Iraq War, HELD no defence of war agression
Percy v DPP - D insulting protesting US missile defence.
Term
Statutory Regulating Powers
Definition
DPP v Jones - highway just for passing HELD Irvine LC right for peaceful assembly
Kay v MPC - Critical Mass cycle allowed because customarily held.
Term
Common Law Breach of Peace
Definition
Howell - someone is injured/fears/property damaged in his presence > triggers police intervention
Percy - Watkins LJ BoP doesn't have to be disorderly or criminal
Redmond-Bate v DPP - can't arrest provocateur. Sedley LJ: freedom to speak inofensively not worth having
Bibby (bailiff) - only arrest when violence is not wholly unreasonable response
Term
Breach of Peace: Police Action
Definition
Moss v McLachlin - police allowed to stop cars on way miner picket
Laporte v CC Gloucestershire - Unlawful to turn back buses to Iraq protest unless imminent breach
Austin v UK - kettling anti-capitalists. Only restriction not deprivation Art5. Arbitrariness??
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