University of Virginia Library

Common Definition

The law fails, however, to measure up to the
common law definition, which expressly
requires the threat of a clear and present danger
of violent conduct, the court ruled.

Under the law, a mere gathering of inactive,
silent and unobstructive persons is declared
unlawful, Mr. Gordon said.

Not only is the statutory definition of
unlawful assembly over broad in including those
assemblies that pose no clear and present
danger, but it is also over broad in sweeping
within its scope the intent or purpose to take
action that also poses no clear and present
danger, he said.

As such, the law would impose criminal
sanctions upon peaceful gatherings such as
those held to excite public alarm about the
danger of nuclear testing, germ warfare or
pollution, he said.

The law could be amended so as to exclude
assemblies that are protected by the First
Amendment, the court said.

In the case of Mr. Owens and Mr. Ferguson,
the court said there was no way of knowing
whether they were convicted of remaining at
the place of a riot or of an unlawful assembly.