“Congress shall make no law…abridging…the right of the people… to petition the Government for a redress of grievances.”
From campus boards to federal courts, Americans have concrete ways to demand change, bounded by rules against abuse.
What it Protects
The Petition Clause protects more than petitions to Congress: the Supreme Court “has recognized that the clause protects a right of access to the courts,” and that petitioning reaches “all departments of the government,” including agencies and courts.
What it Doesn’t Protect
The right to petition “is not absolute.” One example, making defamatory statements in the course of petitioning, does not confer immunity from libel laws.
The “Shadow Docket,” defined and Why it Matters
A phenomenon known as the emergency (or “shadow”) docket is creeping into the habits of sitting Supreme Court Justices. The shadow docket “consists of applications seeking immediate action from the court,” according to SCOTUSblog.
Decisions that have traditionally been made with utmost caution are being passed rapidly through the nation’s defining philosophical stronghold, often as unsigned orders with brief or no explanations. The Supreme Court building’s East Pediment features a turtle motif, historically symbolizing deliberation. Critics argue that the emergency docket risks less process than the Court’s traditional approach, while supporters contend that rapid action is sometimes necessary.
The emergency docket is not inherently improper; it exists for urgent circumstances, according to the “What the emergency docket actually looks like” article by SCOTUSblog. It is important to be aware of the frequency with which we utilize it and for what kinds of issues.
Congress and the Constitution
From the “living document” perspective, the Constitution’s general language can accommodate new social circumstances, norms, and developments in our culture and society. If that is the case, then the overuse of a shadow docket by the Supreme Court would be a breach of the normal processes by which Congress checks that essential document.
In that process, the Petition Clause connects the public to government: contacting members of Congress, voting, speaking at public meetings, submitting petitions to agencies, and bringing well-founded legal claims are all ways people seek redress.
In an interview with Nicholas Ostheimer, President of FAU’s College Democrats and a Student Government Boca House Representative, he noted the importance of the power of young people to get involved.
“Young people like us are realizing how powerful we can be if we get involved,” said Ostheimer. “Popular opposition—protest, petition, community organization, and more—is the most important tool Americans have to resist this wave of authoritarianism.”
Debate continues over how often the Court should use emergency orders and how much explanation those orders should include. Whatever the outcome of that debate, the Petition Clause protects multiple channels for seeking redress, including filing lawsuits and motions in court, submitting written petitions to agencies, speaking during public comment periods, and contacting elected officials.
At public institutions such as Florida Atlantic University, First Amendment limits generally apply through the 14th Amendment’s selective incorporation doctrine. That means students and student organizations may petition university officials and governing boards, subject to reasonable, viewpoint-neutral rules (one example, time, place and manner policies).
Ways to Use Your Petition Rights
- Submit a written petition or complaint to a government office or public university unit with policymaking authority.
- Speak during public-comment periods at meetings of city, county, school board, or university governing bodies.
- File a well-founded legal action seeking redress in court.
- Email, call, or meet your representatives to request specific governmental action.
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