NCJ Number
31590
Date Published
1969
Length
87 pages
Annotation
OVERVIEW OF MAJOR LEGAL QUESTIONS REGARDING THE FREEDOM OF DEMONSTRATION AND ITS LIMITATION AND CONTROL BY STATE AND POLICE, CITING RELEVANT WEST GERMAN LEGAL LITERATURE.
Abstract
THE RIGHT TO DEMONSTRATE IS NOT PROVIDED FOR AS SUCH BY THE WEST GERMAN CONSTITUTION, BUT IS DERIVED FROM A COMBINATION OF SUCH STIPULATED RIGHTS AS THOSE OF ASSEMBLY, PETITION, AND FREE EXPRESSION. THE DISCUSSION OF CIVIL RIGHTS RELATED TO DEMONSTRATIONS INCLUDES THE CORRESPONDING RIGHT NOT TO PARTICIPATE, THE USE OF BANNERS AND LOUDSPEAKERS BY DEMONSTRATORS, AND THE USE OF FILMS AND PHOTOGRAPHS BY POLICE. LIMITATIONS ON DEMONSTRATIONS CONCERN THE STIPULATION OF PEACEFUL ASSEMBLY, PROHIBITION OF FIREARMS, RESTRICTED AREAS, STREET TRAFFIC, PUBLIC SAFETY, AND CONFLICTING RIGHTS OF NON-DEMONSTRATORS. IN ADDITION, STATUTES REGULATE THE MANAGEMENT, REGISTRATION AND BREAK-UP OF DEMONSTRATIONS. ALSO OUTLINED ARE OFFENSES RELATED TO DEMONSTRATIONS THAT ARE PROVIDED FOR BY THE WEST GERMAN CRIMINAL CODE. THE DISCUSSION OF LEGAL QUESTIONS RELATED TO POLICE DEPLOYMENT IN DEMONSTRATIONS INCLUDES POLICE POWERS AND RESPONSIBILITIES, CONFRONTATION TACTICS, MEDIA COVERAGE, MEASURES AGAINST AGITATORS, DIPLOMATIC IMMUNITY, POLICE NAME TAGS, AND POLICE POWERS ON UNIVERSITY GROUNDS. ALSO DISCUSSED IS THE COMPENSATION FOR DAMAGES RESULTING FROM DEMONSTRATIONS. ALSO OUTLINED ARE SOME 1962 PROPOSALS FOR REFORMING PROVISIONS OF THE CRIMINAL CODE REGARDING OFFENSES RELATED TO DEMONSTRATIONS. --IN GERMAN