DEVELOPMENT OF ANTI-RIOT LEGISLATION (FROM THE LAW OF DISSENT AND RIOTS EDITED BY M. C. BASSIOUNI - SEE NCJ01764)

• NCJ Number: 2036
• Author(s): M C BASSIOUNI
• Date Published: 1971
• Length: 7 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Book (Hardbound)
• Language: English
• Country: United States of America

Annotation

AN EXAMINATION INTO THE MEANING, INTENT, AND APPLICABILITY OF THE ANTI-RIOT ACT.

Abstract

BREACH OF THE PEACE CAN BE DISORDERLY CONDUCT, VAGRANCY, FIGHTING, AFFRAY, UNLAWFUL ASSEMBLY, ROUT, AND RIOT. IT THEREFORE RANGES FROM INDIVIDUAL CONDUCT TO TUMULTUOUS DISTURBANCES CAUSED BY THE MULTITUDE. IT CAN BE THE CREATION OF DISSENSION BY PERSONS UNLAWFULLY GATHERED BY DISTURBING THEIR PUBLIC ASSEMBLY OR THEIR INCITATION TO RIOTS, INVOLVING THE DESTRUCTION OF PROPERTY AND THE RISK TO LIFE AND LIMB. WHILE THE LAW DOES NOT CONDEMN THE PUBLIC EXPRESSION OF FREEDOM OF EXPRESSION BECAUSE IT IS CONSTITUTIONALLY GUARANTEED, IT MUST, HOWEVER, GUARANTEE TO THE BALANCE OF THE CITIZENRY THAT THE EXPRESSION OF THE RIGHTS OF SOME WILL NOT IMPAIR THE RIGHTS OF THE REMAINDER. THIS BALANCE OF RIGHTS IS EXAMINED WITH REGARD TO THE ANTI-RIOT ACT AND JUDICIAL INTERPRETATIONS OF IT. THE DOCTRINES OF A CLEAR AND PRESENT DANGER AND OF CRIMINAL INTENT ARE EMPHASIZED. (AUTHOR MODIFIED)