ABSTRACT
The law of association and assembly must be evaluated against Article 11 of the European Convention on Human Rights, incorporated under the Human Rights Act 1998. Article 11 provides that ‘everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests’. The constitutional importance of freedom of expression and involvement in civic life is reflected in the right to use schools and other public rooms for meetings in local elections, by-elections and general elections. A number of indirect means may be employed in order to restrain public meetings. Such means include breach of the peace, obstruction of police officers and obstruction of the highway. In Beatty v Gillbanks, the Salvation Army met knowing that there would be an opposing meeting being held. The magistrates’ court issued an order preventing the Salvation Army meeting.
