Art. I, Sec. I, Para. IX. Right to assemble and petition.

Freedom of assembly, U.S. Const., amend. 1. A citizen’s obligation to disperse in certain situations, §§ 16-10-30 and 38-2-304. Unlawful assembly, § 16-11-33. Mass gatherings by permit only, T. 31, C. 27. Unlawful picketing, §§ 34-6-3 and 34-6-5.

For article discussing the weaknesses in Georgia statutes prohibiting lobbying, and the effect of such law on lawyers, see 5 Mercer L. Rev. 311 (1954). For note analyzing sovereign immunity in this state and proposing implementation of a waiver scheme and creation of a court of claims pursuant to Ga. Const. 1976, Art. VI, Sec. V, Para. I, see 27 Emory L.J. 717 (1978). For note on the Georgia right against self-incrimination, see 15 Ga. L. Rev. 1104 (1981).

1976 Constitution.

Art. I, Sec. I, Para. VI.

presentation and consideration of petition.

While every citizen of this state is given a constitutional right to petition to those vested with the powers of government for redress of grievances, it does not follow that there was a duty upon the defendants, Speaker and Clerk of the House of Representatives, to effectuate its presentation and consideration, and their failure, therefore, to present a petition seeking the impeachment of certain officers to the House did not constitute a violation of a legal duty to petitioner which would form the basis for a right of action for even nominal damages. Richter v. Harris, 62 Ga. App. 64, 7 S.E.2d 432 (1940). Invalidity of statute restricting

right of application.

A law authorizing a court to restrain any person from applying to either department of the government for a right to which that person claims to be entitled is invalid. Northeast-ern R.R. v. Morris, 59 Ga. 364 (1877). Unified city/county government was not a municipality for purposes of the waiver of sovereign immunity by operation of O.C.G.A. § 36-33-1, because the charter creating the unified government expressly provided that its tort and nuisance liability would follow the law and rules of tort liability applicable to counties in Georgia. Athens-Clarke County v. Tor-res, 246 Ga. App. 215, 540 S.E.2d 225 (2000). Requirement that one judge of a able on a 24-hour basis to issue warrants does not infringe on the right to assemble as guaranteed in the state and federal constitutions. McCray v. Cobb County, 251 Ga. 24, 302 S.E.2d 563 (1983). No right to solicit in

court of limited jurisdiction be availprivately-owned shopping malls.

Nothing in the Georgia Constitution or the Recall Act of 1989, either separately or together, establishes a right of private citizens to enter onto privately-owned shopping malls to solicit signatures for a recall petition. Citizens for Ethical Gov’t, Inc. v. Gwinnett Place Assoc., 260 Ga. 245, 392 S.E.2d 8 (1990). Cited in Mayor of Savannah v. Fawcett, 186 Ga. 132, 197 S.E. 253 (1938); Anderson v. City ofAlbany, 321 F.2d 649 (5th Cir. 1963); Verdi v. Wilkinson County, 288 Ga. App. 856, 655 S.E.2d 642 (2007); Meacham v. Franklin-Heard County Water Auth., 302 Ga. App. 69, 690 S.E.2d 186 (2009).

Am. Jur. 2d.

16A Am. Jur. 2d, Constitutional Law, §§ 397, 554, 559, 567.

C.J.S.

16A C.J.S., Constitutional Law, §§ 740 et seq., 1134 et seq. 16B C.J.S., Constitutional Law, §§ 1134, 1135.

ALR.

Validity of statute or ordinance against picketing, 35 ALR 1200; 108 ALR 1119; 122 ALR 1043; 125 ALR 963; 130 ALR 1303. Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal, and time therefor, 126 ALR 1031; 27 ALR2d 604. Nonlabor picketing or boycott, 93 ALR2d 1284. Participation of student in demonstration on or near campus as warranting imposition of criminal liability for breach of peace, disorderly conduct, trespass, unlawful assembly, or similar offense, 32 ALR3d 551. Validity, construction, and application of statute prohibiting loitering for the purpose of using or possessing dangerous drugs, 48 ALR3d 1271. Validity and construction of statute or ordinance forbidding unauthorized persons to enter upon or remain in school building or premises, 50 ALR3d 340. Validity of regulation of college or university denying or restricting right of student to receive visitors in dormitory, 78 ALR3d 1109. Validity of restrictions imposed during national political conventions impinging upon rights to freedom of speech and assembly under First Amendment, 46 ALR6th 465. When does use of pepper spray, mace, or other similar chemical irritants constitute violation of constitutional rights, 65 ALR6th 93.