What is the test for an argument that a person has a constitutional right to participate in a protest?
"New York", United States of America
The following excerpt is from People v. Segal, 358 N.Y.S.2d 866, 78 Misc.2d 944 (N.Y. City Ct. 1974):
'Such an argument has as its major unarticulated premise, the assumption that people who want to propagandize protests or views have a constitutional right to do so whenever and however and wherever they please. That concept of constitutional law was vigorously and forthrightly rejected in two of the cases petitioners rely on, Cox v. Louisiana, supra, 379 U.S. 536, at 554--555 and 563--564, 85 S.Ct. 453, at 464 and 480, 13 L.Ed.2d 471. We reject it again.'
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