The Right to Demonstrate: A Comparative Study of Israel and the United States
Martin J. Raffel · Israel Law Review · 1976
The right of the citizen to express his views publicly is a basic feature of the democratic system. However, the freedom of expression, and the closely related freedom of public assembly, do at times conflict with other major social interests. As a result, no society has accepted the theory that these freedoms should be absolute. The democratic process requires a balancing of these freedoms with other important values and public interests. Consequently, each state has placed various limitations on the freedom of expression and public assembly. If a government limits these freedoms too much, it may do irreparable damage to the democratic process. Likewise, the fact that the freedom is enshrined in some constitutional document does not ensure that it will be given any meaningful protection. Whether or not fundamental freedoms are really preserved, is the true test of a democracy. Demonstrations have traditionally been used as a vehicle for expressing dissent. A citizen who is generally satisfied with the social and politicalstatus quowill probably not feel a need to exhibit his satisfaction publicly.