Student Legal Services, Inc.

Right to Free Speech and Assembly

The U.S. Constitution grants to each of us the rights of free speech and assembly on public property such as sidewalks, streets, and parks as well as public spaces such as the plazas of government buildings, so long as you do not interfere or disrupt normal governmental operations. You also have the right exercise your rights of free speech and assembly on your own property.

However, your rights to free speech and assembly are more limited when you are on private property. Owners of private property can restrict or deny your right to exercise or engage in free speech or assembly on their property. If you do not have the owner’s consent to be on their property, then you could be charged with criminal trespass.

Counter-protestors

Remember that the Constitution which gives you the right to free speech and assembly also give those same rights to others who may not share your views or positions. Be prepared to possibly encounter counter-protestors. To help maintain safety of all protestors, the Police can separate antagonistic groups, but must treat each group equally and should permit them to be within sight and sound of each other. However, Protestors and Counter- Protestors cannot incite, attempt, or commit violence against one another.

Orders to Disperse

The role of law enforcement during protests and demonstrations are to help keep the peace, to enforce any curfews and to provide some crowd control. Orders to Disperse is one of the mechanisms that law enforcement utilizes to achieve these objectives. Before enforcing an Order to Disperse, law enforcement must first inform protestors of how much time they have before they must disperse, how and where they should exit and the consequences of remaining. Law enforcement must also provide a reasonable opportunity for protestors to comply with the Order to Disperse, including sufficient time and a clear exit path. Failure to obey an Order to Disperse could result in arrests and the filing of criminal charges for curfew violations and/or otherwise breaking the law.

Protest Peacefully

Your constitutional rights of free speech and assembly protects your rights to do so peacefully. Violence, theft, property destruction, obstruction of legitimate law enforcement activities and other criminal acts are not protected. Engaging in these types of activities could result in arrest, fines, imprisonment, and civil liability for damages. Illegal or non-peaceful activities could also increase the risk of forceful intervention by the Police and/or the use of pepper spray, wooden bullets, physical force, etc., against protestors.

Interaction with Law Enforcement

Keep the following principles in mind in the event you come into contact with law enforcement while you are exercising your right to protest.

A. Stay Calm: If you are approached by law enforcement, try to control your emotions and stay calm. Do not argue or resist a police office, even if you believe that they are acting unlawfully. Keep your hands visible. Calmly remind the officer that the First Amendment protects your rights to free speech and assembly, which includes your right to be involved in a protest.