|
|
KNOW YOUR RIGHTS: Demonstrations and Protests
National Lawyers Guild-Minnesota Chapter (http://www.nlgminnesota.org)
This fact sheet does not constitute legal advice. It is intended solely as an overview. Always consult with an attorney if you are unsure about your rights to demonstrate and protest. The Minnesota Chapter of the National Lawyers Guild has a Legal Observing and Mass Defense Committee that can provide legal observers for your event. Contact Jordan Kushner at kushn002@tc.umn.edu, (612) 288-0545, or Randall Morris at . The NLG is not a law firm and does not provide representation or legal advice however individual members may be available for hire.
Your Right to Free Speech: The First Amendment prohibits restrictions based on the content of speech, therefore your free speech rights cannot be restricted based on what you want to say. However, police and government officials can place certain non-discriminatory “time, place, and manner” restrictions of First Amendment rights.
Where can I Engage in Free Speech Activity? In general, all types of expression are constitutionally protected in traditional “public forums.” These include parks and public sidewalks. Public streets can be used for marches subject to reasonable permit conditions. Other public locations such as plazas in front of government buildings may be permitted. Free speech activity is generally restricted from occurring on private property without the consent of the property owner.
Permits: You do not need a permit for free speech activities unless you plan a march or parade that will not stay on the sidewalk or may require blocking traffic or closing streets; a large rally using sound amplification; or rallies at certain designated parks or plazas. The permit process can be lengthy however the First Amendment prohibits advance notice requirements from being used to prevent rallies or demonstrations that are rapid responses to unforeseeable and recent events. Sometimes the police or city officials impose conditions on an event, such as the route of the march or the sound levels of the amplification equipment. Such restrictions violate the First Amendment if they are unnecessary for traffic control or public safety, or if they significantly interfere with effective communication with the intended audience. A permit cannot be denied because the event is controversial or will express unpopular views.
If event planners have not obtained a permit their activity will be constitutionally protected so long as marchers stay on the sidewalk and obey traffic signals.
Leaflet/Material Distribution: Pedestrians on public sidewalks may be approached with leaflets, newspapers, petitions, and solicitations for donations. Tables may also be set up on sidewalks for this purpose so long as there is sufficient room for pedestrian traffic. Do not block entrances to buildings.
Picketing on Sidewalks: A permit is not required for picketing however it must be conducted in an orderly, non-disruptive fashion so pedestrians can pass by and building entrances are not blocked.
When can a Speaker be Silenced? Generally, a speaker cannot be punished for merely arousing the audience. If the speaker, however, specifically advocates violence or illegal actions, and if these illegalities are imminently likely to occur, then the speaker can be arrested and possibly convicted for incitement.
Counter-demonstrators: Counter-demonstrators have free speech rights and can be present to voice their views. Counter-demonstrators should not physically disrupt the event they are protesting. The police can keep the groups separate but should allow them to be within the general vicinity of each other.
Constitutionally Protected Free Speech Activity: All forms of communication are allowed, including symbolic communication such as holding a candlelight vigil. However, if a symbolic act or civil disobedience involves illegal conduct it may fall out of the realm of constitutional protections. Therefore while the act of sitting in a road may be expressing a political opinion, the act of blocking traffic may lead to criminal penalties. Libelous statements about public officials and sexually obscene speech can be curtailed. It is a federal crime to threaten to harm the President or Vice-President or a major candidate for either office.
Your Rights as a Protestor if Arrested: You have the right to remain silent. If you are arrested what you say can be used against you so do not give any explanations, excuses or stories to the arresting police officer. Some arrest tactics are unlawful, and some reasons for arrest may be unconstitutional, therefore you may have defenses if arrested. You have the right to talk to a lawyer before you talk to the police about your case. If you can’t afford a lawyer you have the right to a free one. Do not give a statement or sign a statement without first consulting with a lawyer in order to ensure that you are not waiving any rights.
|
|
