COMMENTS ON THE LAW OF RIOTS AND DISSENT

Year
1985
Author(s)
Jerry J. Cadwell - Brookhaven National Laboratory
Abstract
All nuclear security organizations provide training to security officers in preparation for a riot or peaceful demonstration which could occur at their facilities. This paper provides a brief discussion of the basis of the constitutionalright to engage in freedom of speech, expressed as conduct, which the demonstrators are attempting to exercise. The Court's efforts and success in balancing the interests of the demonstrator's right to \"free speech\" against competing interests such as national security, trespass laws, keeping government facilities open, and public interest in preventing demonstrations, will be discussed. Legal theories available to deal with demonstrators are discussed. The law applicable to the President's use of Federal Troops and a state governor's use of National Guardsmen to prevent or suppress riots is discussed.