This content is intended to serve as general information; it is not legal advice nor intended as legal advice. Show
THE RIGHT TO PROTESTThe right to protest is a long-standing protection afforded by the U.S. and Texas constitutions. This right is contained both in the freedom of speech and in the freedom to assemble, which protect not only the ability to verbalize protests and engage in symbolic speech such as wearing an armband, but to arrange peaceful marches and protests on certain public lands. These rights are not unconditional. Because the government has an interest in maintaining peace and public order, it may restrict some protest activities in certain ways. This Know Your Rights fact sheet is intended for people who want to exercise their right to protest in order to help understand the status of the current law on this topic. However, this sheet does not cover every nuance of the law surrounding protest rights and should not be taken as legal advice. If you have specific legal questions, consult an attorney or the ACLU of Texas. Click on one of the scenarios below to jump to the information you need:
LAWS
YOUR RIGHTS IN GENERAL
RESTRICTIONSWhat the government can’t regulate: The government generally can’t regulate or restrict speech based on its content. Regulation of speech must be unrelated to both the ideas and the views expressed. Restrictions based on the ideas or subject matter involve regulating an entire topic of speech. For example, a local ordinance prohibiting all picketing except for labor picketing connected to a place of employment is unconstitutional because it regulates speech based on whether it is about labor. Restrictions based on viewpoint affect only one perspective within a larger subject. For example, a public university may not deny funds to a student publication specifically because it holds a Christian viewpoint, while exempting other religious publications from these same restrictions. Some content-based restrictions may be allowed if they are narrowly tailored to serve a compelling government interest and are the least restrictive way of achieving that interest. What the government can regulate: Some categories of speech are considered outside of First Amendment protection obscenity; defamatory language that is false and is intended to harm the reputation of another person; and “fighting words,” or speech that incites imminent lawless action. For speech outside of these categories, generally the government can place “time, place, and manner” restrictions on speech. This kind of restriction does not depend on the subject of the speech, but on the way it is expressed, and is often created to preserve public order, such as preventing parades from clashing with rush-hour traffic. These regulations must be narrowly tailored to serve a significant government interest, must be content-neutral, and must leave open ample alternative channels of communication. Q&AWhere can I protest?The constitutional protection offered to protest varies on the location, or forum, of the protest. Courts have broken public lands down into different categories:
Can I protest on private property?No. With limited exceptions, First Amendment rights apply only to the government and government property. Private property owners can control what happens on their property and may prevent people from protesting on their land. However, adjoining public property, such as streets and sidewalks, may provide an appropriate alternate venue. Can I be prevented from protesting if my views are controversial?No. Restrictions on speech must generally be unrelated to the content of the speech and may not be viewpoint based. Even if your views are unpopular, controversial, or critical of the government, you still have the right to express them through speech and assembly. What happens if the police issues an order to disperse the protest?
Do I need to get a permit?You might. Because of concerns like obstruction of traffic and maintenance of public order, many localities require a permit to hold a parade or a march. Check with your local government.
Are there different regulations for non-citizens?The Patriot Act significantly altered First Amendment rights for non-citizens. Section 215 allows surveillance and investigation of people based on their First Amendment activities. Non-citizens who are not permanent residents are subject to harsher penalties if their actions are labeled “domestic terrorism.” Immigrants who engage in protest should be aware of law enforcement’s increased authority and prepare accordingly. IF YOU ARE APPROACHED BY LAW ENFORCEMENTBe conscientious about your actions. Don’t argue: Anything you say or do can be used against you. Arguing or fighting may give police an excuse to arrest you.
Do you need a permit to protest in Michigan?No permit is necessary to march on public sidewalks, as long as car and pedestrian traffic is not obstructed. If you do not have a permit, police may ask you to move to the side of a sidewalk to let others pass or for other safety reasons.
Which action would not be covered by freedom of speech?Freedom of speech does not include the right:
To incite imminent lawless action. Brandenburg v. Ohio, 395 U.S. 444 (1969). To make or distribute obscene materials.
Which action would be the least likely to be considered protected speech or a protected action?Which action would be the least likely to be considered protected speech or a protected action? libel.
Which president felt that the freedom of press was your most important right?Jefferson wanted Bill of Rights for new Constitution
He therefore wanted the new Constitution to be accompanied by a written “bill of rights” to guarantee personal liberties, such as freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus.
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