Protesters' Rights: Street Standing And The Law

Protesting is an important part of democracy, but it is often unclear whether protesters are acting within their rights when they stand in the street. While the First Amendment protects the right to assemble and express views, there are certain restrictions on this right. Protesters are allowed to assemble in traditional public forums such as streets, sidewalks, and parks, but they are not allowed to block access to government buildings or interfere with the intended purpose of the property. In the case of streets, this means that protesters are allowed to assemble as long as they do not obstruct car or pedestrian traffic. If protesters do not have a permit and are obstructing traffic, police officers can ask them to move to the side of the street or sidewalk.

While some believe that the proper response to protesters blocking the street is for police to physically remove them and arrest them, others argue that this infringes on their right to protest. However, it is important to note that blocking a public road without a permit is illegal, and drivers who accidentally hit protesters are still subject to legal repercussions. The right to protest is a delicate balance between the rights of protesters to assemble and express their views, and the rights of others to go about their daily lives without obstruction.

Protestors' rights to assemble and express views

Protestors have the right to assemble and express their views, and these rights are protected under the First Amendment of the United States Constitution. This amendment protects the right to assemble and express views through protest, allowing people to criticise the government without fear of retaliation. However, it is important to note that this right does not extend to libel, slander, obscenity, "true threats", or speech that incites imminent violence or law-breaking.

The right to assemble and express views is strongest in "traditional public forums", such as streets, sidewalks, and parks. Protestors also have the right to speak out on other public property, such as plazas in front of government buildings, as long as they are not blocking access or interfering with the intended use of the property. On private property, the owner may set rules for speech, and the government may not restrict speech if it is taking place on an individual's property or with the owner's consent.

Counterprotestors also have free speech rights, and police must treat both protesters and counterprotestors equally. While police are permitted to keep antagonistic groups separated, they should be allowed to remain within sight and sound of each other. Protestors have the right to photograph anything in plain view while in any public space, including federal buildings and the police. On private property, the property owner may set rules related to photography and video recording.

No permit is required to march in the streets or on sidewalks, as long as marchers do not obstruct car or pedestrian traffic. However, certain types of events may require permits, such as marches or parades that block traffic or require street closures, large rallies with sound amplification, or rallies exceeding a certain size in most parks or plazas. While a permit may be required for specific events, it cannot be denied due to the controversial nature or unpopular views expressed during the protest. If a permit fee is required, waivers should be available for those who cannot afford the charge.

In the context of local governments, they may require a permit for assemblies or impose conditions on events if the gathering requires local government services or crowd control. These restrictions must be content-neutral, narrowly tailored to serve a compelling government interest, and must not unduly limit communication. Local governments should be cautious when imposing permit fees or insurance requirements for political protests and gatherings, as these can be subject to strict scrutiny and legal challenges.

Police treatment of protestors

The right to protest is a fundamental human right guaranteed by the U.S. Constitution and the First Amendment. However, the police and government officials are allowed to place certain narrow restrictions on the exercise of speech rights. Protestors' rights are strongest in "traditional public forums" such as streets, sidewalks, and parks. Protestors also have the right to speak out on other public property, like plazas in front of government buildings, as long as they are not blocking access to the building or interfering with other purposes the property was designed for.

The police must treat protestors and counterprotestors equally. They are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another. When protestors are lawfully present in any public space, they 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.

Police officers may not confiscate or demand to view photographs or videos without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are interfering with legitimate law enforcement operations.

Shutting down a protest through a dispersal order must be law enforcement's last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or another immediate threat to public safety. If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.

In some cases, police responses to protests have involved indiscriminate use of projectiles and chemical weapons (e.g. rubber bullets, tear gas, pepper spray), and driving police vehicles into crowds of protestors. In the U.S., there were over 7,000 public demonstrations for racial justice across more than 2,400 locations in all 50 states in the summer of 2020, arguably the largest protest movement in the nation's history. An overwhelming majority (an estimated 93%) of these demonstrations involved no violence, property destruction, or road blockades. However, police responses varied widely, ranging from no presence at all to mass arrests and indiscriminate use of force.

There are clear international guidelines for police conduct during protests. It is the role of the police to facilitate peaceful protests. If tensions arise, they have a duty to de-escalate them. If some protestors engage in violent actions, this does not turn the otherwise peaceful protest into a non-peaceful assembly. Police should ensure those who remain peaceful can continue protesting. Acts of violence by a small minority do not justify indiscriminate use of force. If the use of force is unavoidable to secure the safety of others, police must use the minimum force necessary. The decision to disperse a protest must be a last resort – when all other less restrictive means have proven to be unsuccessful.

The legality of drivers ploughing through protestors

Protestors have a right to assemble and express their views through protest, and this right is protected by the First Amendment. However, this right is not absolute, and certain restrictions may be placed on the exercise of speech rights. For instance, protestors are not allowed to block access to government buildings or interfere with other purposes that the property was designed for. Protestors are also required to obtain permits for certain types of events, such as marches or parades that require blocking traffic or street closures.

While protestors have a right to assemble and express their views, they do not have the right to block streets or impede traffic flow. Doing so would be breaking the law. In such cases, the police may physically remove protestors and even arrest them if they continue to block the street. However, shutting down a protest through a dispersal order should be law enforcement's last resort. The police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or another immediate threat to public safety.

Drivers do not have the right to plow through protestors blocking the street. Doing so could result in homicide charges, and drivers would need to prove that they reasonably believed they had no alternative but to use deadly force to protect themselves from death or serious harm. While some states have introduced legislation to grant immunity to drivers who accidentally injure or kill a protester blocking traffic, none of these bills have become law. In conclusion, while protestors blocking the street are breaking the law, drivers do not have the right to plow through them and could face legal consequences if they do so.

The need for protest permits

Protesters have the right to assemble and express their views through protest, as protected by the First Amendment. However, this right is not absolute, and certain restrictions may be placed on the exercise of speech rights. While protesters have strong rights in "traditional public forums" such as streets, sidewalks, and parks, they must be mindful not to block access to buildings or interfere with other purposes the property was designed for. In the case of private property, owners can set rules for speech, and the government may restrict speech on private property only with the owner's consent.

Protest permits, or parade permits, are permissions granted by governmental agencies for demonstrations to be held in specific venues at specific times. While some view the requirement for a permit as an infringement of free speech, permits are necessary to balance the rights of protesters with those of the general public. Permits may be required for marches or parades that block traffic or require street closures, large rallies with sound amplification, or rallies exceeding a certain size in most parks or plazas. Obstructing traffic without a permit may result in charges of parading without a permit.

The process of obtaining a protest permit helps ensure that protests can be conducted safely and securely, without undue disruption to the surrounding community. It allows authorities to plan for the necessary resources, such as police presence or traffic rerouting, to maintain order and public safety. Additionally, permits provide protesters with a clear framework to exercise their rights without fear of arbitrary interference or restriction by law enforcement.

In some cases, the requirement for a permit may be waived if the protest is in response to breaking news events, ensuring that individuals can swiftly and effectively express their views on urgent matters. Moreover, permits cannot be denied based on the controversial nature or unpopularity of the views being expressed. This safeguard upholds the principle of freedom of speech and assembly, ensuring that all voices have an opportunity to be heard, regardless of their stance.

While the specific procedures and requirements for obtaining a protest permit may vary depending on the jurisdiction, the overall need for permits remains essential to balance individual rights with the broader needs of the community. By obtaining permits, protesters can ensure their compliance with the law while still exercising their right to assemble and express their views.

Police dispersal orders

Protesters have the right to assemble and express their views through protest, protected by the First Amendment. However, this right is not absolute, and police officers can place restrictions on protests if they are blocking access or interfering with other purposes the property was designed for. Protesters do not need a permit to march in the streets or on sidewalks, as long as they do not obstruct car or pedestrian traffic. If protesters are blocking traffic without a permit, police officers can ask them to move to the side of a street or sidewalk to let others pass or for safety reasons.

Dispersal orders can be given by constables in uniform and police community support officers (PCSOs). They can direct an individual to leave a specified area and not return for up to 48 hours if the officer has reasonable grounds to suspect that the individual's presence or behaviour has contributed or is likely to contribute to harassment, alarm, distress, crime, or disorder in the area. The order must be given in writing, specifying the area to which it relates, the time by which the person must leave, and the manner in which they must do so, including the route. Officers can also require the surrender of any items being used to harass, alarm, or distress members of the public, such as spray paint.

Failure to comply with a dispersal order is a criminal offence and can result in a fine, imprisonment, or both.

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