The U.S. House of Representatives Congressional Select Committee has now convened its first hearing to investigate what happened on January 6, 2021, when we had rioters and a full-blown insurrection on Capitol Hill, and a breach of the Capitol building, by former President Donald Trump supporters. This made me wonder about what are the rights of Americans who want to demonstrate or protest? How far can we go? So that’s our civics lesson for today.
Freedom of Peaceful Assembly, sometimes used interchangeably with the Freedom of Association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to Freedom of Association is recognized as a human right, a political right, and civil liberty.
The terms freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest. While freedom of association is used in the context of labor rights and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association.
The First Amendment protects your right to assemble and express your views through protest. However, police and other government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Make sure you’re prepared by brushing up on your rights before heading out into the streets.
Your rights are strongest in what is known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes of the property.
Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
Counter-protesters also have free speech rights. Police must treat protesters and counter-protesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.
When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.
You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.
Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of sound-amplifying devices; or a rally over a certain size at most parks or plazas.
While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events.
Restrictions on the route of a march or sound equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.
A permit cannot be denied because the event is controversial or will express unpopular views.
If the permit regulations that apply to your protest require a fee for a permit, they should allow a waiver for those who cannot afford the charge.
What should you do if you believe your rights have been violated?
When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for. Get the contact information for witnesses. Take photographs of any injuries. Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
In the case of the people who participated in the attack against American Democracy on January 6, 2021, in our nation’s Capitol, I believe they broke all the rules that would apply to well-meaning people who simply want to come out, and demonstrate in a peaceful, non-violent way. What they have coming to them, they deserve.
For those of you who want to protest in a way that is decent and in order, I hope the above information I have shared that I got from the American Civil Liberties Union website, www.acliu.org, will be helpful to you.
