This spring-now-summer of protest shows no signs of fading away, as demonstrators make their voices heard on issues as disparate as health regulations, gun violence, Confederate statues and institutionalized racism.
Through it all, the First Amendment both fuels those voices and protects those rights at times in collaboration with other amendments in the Bill of Rights.
Still, few of us are steeped in constitutional law and statutory regulations. Primers can provide any citizen with the basics on rights, responsibilities and potential entanglements with a patchwork quilt of federal, state and local laws.
Heres a First Amendment-friendly guide with links to those primers, classes and advisories about protest how the rights of free speech, assembly and petition work when you step outside or go online to be heard.
From the Freedom Forum:
Freedom of Assembly protects the right to peacefully gather with others, without regard to views and opinions when we take the streets in protest or in support of a causes.
Everything you need to know whether youre a student, parent, teacher, school administrator or lawyer about classroom walk-outs and school protests.
Social media platforms are private companies and since the First Amendment only applies to government, they can accept or reject what people post. But given their growing role in public discourse, what are their censorship policies? How do they compare to each other and to the First Amendments protections?
Im just speaking my mind, at work or in a public place how protected is what I say?
Pushing the limits of protected speech: When is disruptive too disruptive?
How it was done: (Video) Shirlene Mercer remembering the modern civil rights-era protests around lunch counter sit-ins in Greensboro, N.C.
From other sources:
The experts at New York Universitys online First Amendment Watch have produced a detailed guide for citizens when recording police activity. Learn about federal and state laws, how your rights apply in different situations and the legal roots for this still-new tool in holding police accountable.
The American Civil Liberties Union (ACLU) has a quick, to-the-point general guide to know your rights at a protest.
The online legal services site FindLaw has a guide to legal issues ranging from basic rights to a section titled somewhat ominously wartime policies. The same site also provides a guide to each states unique laws about protesting in public.
To all of that information, lets add a few additional items:
When protesting, there is no immunity under the First Amendment that allows you to disregard, without potential arrest and penalty, a direct order even one you believe is illegal from a police officer.
The First Amendment rights of petition and assembly do not give you permission to cross or occupy private property; thats still called trespassing. And as to occupying public property: Since the occupy movement a few years ago, many jurisdictions updated their policies regarding public squares, parks and such, with many outlawing overnight stays or blocking the space so that other, non-involved persons are unable to pass through it.
Blocking traffic on a public street, whether an individual effort or a mass protest, likely is illegal. Again, there is no First Amendment shield against arrest, though police action may well depend on balancing the taking of protesters into custody versus clearing the thoroughfare.
The rights of assembly and petition on National Park Service property have certain limitations, with permits required if a group of 25 or more, or pay attention to this the protest is likely to attract a combined audience of participants and those watching of more than 25. A court decision some years ago cleared the way for individuals to protest with no permit conditions, as long as the person was not blocking others from using the park.
Granted, a recitation of the rules, regulations and legal circumstances around exercising your free speech when assembling peaceably to petition for change may lack the passion of the real thing.
But its those freedoms that give legal protection for the passions that have changed the nations laws, policies and even attitudes, about womens rights, racial injustice, juvenile protection laws, labor regulations and rights and much more.
And thats a lot from a little: the simple but majestic 45 words of the First Amendment.
Gene Policinski is a senior fellow for the First Amendment at the Freedom Forum, and president and chief operating officer of the Freedom Forum Institute. He can be reached at gpolicinski@freedomforum.org, or follow him on Twitter at @genefac.
See more here:
Gene Policinski: Our rights to speak, assembly and seek change have limits - The Mercury
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- John Dukes on First Amendment - Video [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Endangered Speeches - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News media challenges ban on journalism drones [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chucking the First Amendment: Schumers cranky scheme [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Charles "Chip" Babcock on Campaign Finance and the First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- SUPREME STUPIDITY Kills The First Amendment - RIP Separation of Church & State (1787-2014) - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- FBI Agents Harass Photographer: First Amendment Test - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- History Project: First Amendment. - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- SDG&E Challenges The First Amendment and Loses - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Richmond City Council Uses Tricks to Undermine First Amendment - Video [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- Their opinion: Disagreeing on the First Amendment [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- The Clash Between the First Amendment and National Security in Times of War Symposium - Video [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- City Charter amendment passes 581-556 [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- David Allen Legal Tuesday: Flashing Automobile Lights and the First Amendment - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Senator Chuck Schumer is against the First Amendment then and now - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Facebook SUCKS! - Video [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Dems threaten Kochs with a constitutional amendment [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Reid backs campaign spending limit [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Tennessee Boy Recites First Amendment Rights After Being Told to Put Away His Bible - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- 'Shutup,' they explained Crippling the First Amendment [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Reid Seeks To Change First Amendment To Stop Koch Brothers - Video [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]