Regulating Public Places

Regulating use of public places

Under International human rights law of peaceful assembly’s freedom of is a recognized. The right to peacefully assemble is established in article 11 of the European Convention on Human rights States parties may impose certain limitations on the exercise of this right. Article 11 of the European Convention not only protects an individual’s right to peaceful assembly, but also imposes a positive obligation on state authorities to facilitate the exercise of this right and Enable assemblies to take place peacefully. Some restrictions for peaceful assembly that is, Assembly cannot be violated, for time to time law enforcement may control gathering, or other restrictions may also apply. If the Government cannot stop

Stationary gathering on highways are generally regarded as trespass at common law against the person or body in whom the highway is vested unless sanction of owner is obtained. This is because the primary purpose in which a highway is dedicated is passage and re passage. And since a public procession involves people marching down a highway, participating is Prima facie lawful except perhaps while the procession is assembling. But the procession may well constitute an unlawful obstruction of the highway or a public nuisance. The general rule that meetings on highways are trespass is derived from private law. It gives no weight to public interest in freedom of expression and it seems ripe for consideration by the courts In any event principle of dedication to passage and re passage is subject to exception indefinite in scope, ancillary activities such as holdings private conversation and shopping are not trespass, nor are brief stoppage by motorcars but what of distributing leaflets or soliciting replace the prevailing concept by one which creates trespass with unreasonable user. Seldom would a large meeting in public thoroughfare be a reasonable