Does a protester have a right to stay on the property of the jail?

California, United States of America


The following excerpt is from Diamond v. Bland, 8 Cal.App.3d 58, 87 Cal.Rptr. 97 (Cal. App. 1970):

2 One is reminded of the contention made in Adderly v. Florida, supra, that the protesters there had a right to stay on jail property because the area was 'particularly appropriate.' To this contention, the court responded, '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. State of Louisiana, supra, [379 U.S.] at 554-555 and 563-564, 85 S.Ct. at 464 and 480. We reject it again.'

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