Chapter § 18.2

• Jurisdiction: Oregon

§ 18.2 SCOPE OF THE RIGHT

By its terms, Article I, section 26, of the Oregon Constitution prohibits "law[s]" that restrict individuals from (1) "assembling together in a peaceable manner to consult for their common good," (2) "instructing their Representatives," and (3) "applying to the Legislature for redress of greviances [sic]." Or Const, Art I, § 26. The court of appeals has explained that the framers intended the assembly clause of section 26 "to ensure the right to assemble in order to deliberate on matters of public concern as a part of the political process." Lahmann, 202 Or App at 142. Accordingly, section 26 does not protect social gatherings that lack a political purpose. Lahmann, 202 Or App at 142-43. The supreme court has not addressed the scope of Article I, section 26. See Babson, 355 Or at 430 (declining to address the scope of section 26 when the...