Right to Assembly – Under the First Amendment, people have the right to congregate in order to have a protest given that the group does not present a risk of violence. Police are allowed to determine restrictions on "time, place, and manner" of the protest; for instance, if a large group requires a permit in a public place.
Right to Freedom of Speech – The First Amendment also protects protesters' freedom of speech, even if what they are saying is controversial. However, the police's ability to put restrictions on "time, place, and manner" still apply here.
Permits Not Required – If the protest does not interrupt the regular flow of traffic, block sidewalks, pose a threat to public safety, or trespass on private property, a permit for the protest is not required by the protesting group.
Location of Protest – Most public property is available for protest, and protests are also allowed to take place on private property if the owner of said property gives consent for the protest. However, if the owner revokes consent for the protest, the protestors must leave or risk being charged with trespassing. Larger groups may also need to see if they need permits before protesting.
These are the basic rights of protesters. If you need a more in-depth look and details about protesting, go to the Amercian Civil Liberties Union website for more information.
Sources:
https://www.aclu.org/know-your-rights/what-do-if-your-rights-are-violated-demonstration-or-protest
https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&ved=0ahUKEwiL-dGnts_SAhWJr1QKHZ--DwUQjBwIBA&url=http%3A%2F%2Fbmoreart.com%2Fwp-content%2Fuploads%2F2016%2F12%2Fpro-choice_abortion_rights_reproductive_justice_texas_florida.jpg_1718483346.jpg&psig=AFQjCNH9KUWkAmKsCV3Ms-yH8Mo2sfMLlA&ust=1489355072932703
Cool post and especially relevant today as well. I did not know the specific rules concerning needing a permit to protest if it will impede traffic flow. I still find it amazing that the freedom riders did not impede traffic flow in any way and they were arrested and beaten once they got out of the buses in Montgomery and Birmingham.
ReplyDeleteThis is a very interesting post on a topic that is relevant today. Protesting has been something utilized for centuries; it is a helpful way of expressing one's emotions without getting into trouble. I think Berkeley is one of the more famous locations known for protesting with their free speech movement, with their rights stemming from what you wrote about here.
ReplyDeleteI find this interesting in the case of Skokie, Illinois. In 1977, Skokie was the focus of a supreme court case regarding the First Amendment. The American Nazi Party organized a march through the area, which was primarily occupied by Jewish immigrant who had moved to the US around World War II. The court ruled in favor of the Nazi Party, on the ground that a swastika did not constitute "fighting words". It is an interesting and somewhat unexpected example of the limits of the First Amendment as it applies to protests and marches organized by the public.
ReplyDeleteThis is such an important topic to learn, especially in today's current age of protests. Despite the fact that the 60s were over half a century ago, it's interesting to draw the parallels between protests then and now. As you said, protesters have the same basic human rights protected by the Constitution. Also, protesters in the 1960s and today use media as a significant tool to spread awareness, expand the overall audience, and force the government to confront the issue.
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