Abstract
The essence of freedom of assembly is based on the general use of public spaces, although the practice tends to confuse it with a special use. The European model has a 2-phase review of an assembly legality: a. notification, and b. actual assembly.
In the first phase it may end by a prohibition of the notified assembly and in the second by a dissolution of the unlawful assembly. At the same place and at the same time one may actually hold only one assembly.
Sometimes, however, opponents wish to to hold a contra-assembly. This is fully legitimate, unlike the blocking assembly.
That is why the author criticizes Sec. 5 Para. 2 of the Freedom of Assembly Act, for its time test is completely unsuitable, and he deals also with the conflicting European and Czech jurisprudence.