Protesters And The Law: Michigan's Fine Line

The right to protest is protected under the First Amendment of the U.S. Constitution, which also protects the right to peaceably assemble. While this right is fundamental to a functioning democracy, it is not without limits. In Michigan, protesters have been accused of breaking the law, for instance, by trespassing in the State Capitol, blocking traffic, and violating mask mandates. Protesters have also been charged with violent behaviour, carrying weapons, and making death threats.

Protestors' right to assemble

The right to assemble is protected under the First Amendment of the United States Constitution, which states that "Congress shall make no law...abridging...the right of the people peaceably to assemble". This right is fundamental to a functioning democracy, allowing citizens to express their opinions, raise awareness, and bring about change.

In Michigan, protesters have the right to assemble and express their views, but this right is not absolute. Protesters must ensure that their actions are peaceful and do not break any laws. While protesting on public property such as streets, sidewalks, and parks, protesters must not block access or interfere with operations. No permit is required in such cases, but if the protest is large enough to block traffic or pedestrian access, a permit may be necessary, and the police may ask protesters to move to the side to allow others to pass.

Protesting on private property is a different matter, and protesters must have the permission of the property owner. The government may not restrict speech on private property if the owner has given consent.

It is important to note that counter-protesters also have free speech rights, and the police must treat both protesters and counter-protesters equally, ensuring their safety and allowing them to be within sight and sound of one another.

Protesters have the right to photograph and record anything in plain view while in public spaces, including federal buildings and the police. However, on private property, the owner may set rules regarding photography and video recording.

If protesters believe their rights have been violated, they can take several steps to address the situation. They should write down everything they remember, including the names and badge numbers of the officers involved, and gather contact information for any witnesses. They should also take photographs of any injuries and file a written complaint with the relevant authorities.

Police treatment of protestors

The right to protest and express opinions is a basic and important right in the United States, and protests are critical to a functioning democracy. However, governments and police can violate this right through mass arrests, illegal use of force, criminalization of protest, and other means intended to thwart free public expression. While any peaceful protest is lawful, protestors cannot break the law, and violence and blocking traffic are not tolerated. Protestors have a lot of rights, but police treatment can vary.

In Michigan, there have been instances of police violence against protestors. During the George Floyd protests in Grand Rapids, for example, police pepper-sprayed a protester and then fired a tear gas canister at them. In Detroit, two protestors were violently thrown from a police SUV, and in another instance, a 68-year-old man was charged with felonious assault for striking a protester with his car.

On the other hand, police treatment of protestors has been described as disciplined and restrained in certain instances. During protests at the Michigan State Capitol, where armed protestors entered the capitol building, shouting at legislators, and attempting to force their way onto the House floor, police were extremely disciplined during their confrontations.

Police have also been described as maintaining peace during protests, as in the case of the Huron County building protest, where police presence was able to maintain peace despite numerous counter-protestors. In Traverse City, police spoke on not being afraid to have conversations about race, and the police chief acknowledged the need for change and equality.

In some cases, police have also worked with protest organizers to ensure proceedings are peaceful, as in the case of the Houghton and Lincoln Park/Allen Park protests. In other instances, police have been invited to march with protestors but have declined, as with the Bay County Law Enforcement Center protest.

Protestors have certain rights, such as the right to photograph anything in plain view, including police, and the right to not be searched or asked for identification simply for being part of a protest. Police may only search belongings if they have reasonable cause to believe a criminal act has been or will be committed. Police may also ask protestors to move to the side of a sidewalk to let others pass or for safety reasons.

In terms of permits, protestors on sidewalks do not typically need one, but for large protests that cannot fit on sidewalks, organizers need to obtain a permit in advance. Police may also try to force protestors to lower their sound level or change their route if the protest is interfering with traffic or creating a dangerous situation, but this could violate the First Amendment if deemed unnecessary.

Protestors' right to free speech

In the case of public protests, no permit is required to march on public sidewalks as long as traffic is not obstructed. However, permits may be required for large rallies or events that require street closures or the use of sound amplification equipment. Protestors are allowed to photograph anything in plain view, including federal buildings and the police, but this may be restricted on private property.

While the right to free speech is protected, there are some limitations. Protestors are not allowed to sit in the streets to block traffic, and violence will not be tolerated. The government may also place certain narrow restrictions on the exercise of speech rights, such as maintaining public safety and order.

In Michigan, there have been instances where protestors were removed from the State Capitol due to new restrictions limiting the general public's access. This led to claims of First Amendment rights being violated. Despite this, Michigan has also passed laws that make it harder for protestors to exercise their right to free speech, such as a bill that would charge protestors $1,000 for each day they protested, to cover the costs of police protection.

Protestors' right to photograph

Protestors' rights to photograph are protected by the First Amendment of the U.S. Constitution. When lawfully present in any public space, individuals have the right to photograph anything in plain view, including federal buildings and police. However, it is important to note that there are certain ethical considerations to keep in mind when photographing protests.

Firstly, it is crucial to respect the dignity and privacy of those participating in the protest. This includes refraining from taking photographs that could easily identify individuals, such as close-up shots of faces and tattoos. Protestors may be risking their jobs or facing other potential repercussions by showing up at protests, so it is important to respect their privacy and not put them at risk.

Secondly, context is essential. It is important to provide honest and accurate context for your photographs. Avoid setting up shots or creating contrived photo opportunities that distort reality. For example, be cautious not to include individuals who are not part of the protest, such as someone being treated by paramedics or getting into an ambulance.

Thirdly, be mindful of the purpose of your photography. Are you there to support the cause, raise awareness, or simply for personal enjoyment? Be honest about your motives and respect the serious nature of the protest. Remember, it is not a photoshoot or an opportunity for personal gain.

Lastly, be respectful and mindful of other photographers and the media present. Do not get in their way or ruin their shots.

In addition to these ethical considerations, it is important to be mindful of your own safety and the potential risks associated with photographing protests. Protests can sometimes escalate and turn violent, so it is important to stay vigilant and aware of your surroundings.

• Have an exit strategy and a plan for getting home, as public transportation or ridesharing services may not be readily available.
• Stay close to the police or move to the edges of the protest if you feel your safety is compromised.
• Blend in and avoid dressing or behaving like a photographer. Wear dark clothing and carry a small, discreet bag.
• Be aware of your surroundings and watch out for people who may be paying close attention to your camera.
• Know the geography and do a reconnaissance of the area beforehand to familiarize yourself with escape routes and vantage points.
• If someone requests that you delete a photo, comply with their request to avoid potential confrontation or harm.

Protestors' right to privacy

The right to privacy for protestors is essential to protect, as surveillance can create an atmosphere of fear and suspicion, causing people to change their behaviour and inhibiting their legitimate right to protest. In some cases, the use of surveillance technology may be justifiable to protect public safety, but it must be deployed with transparency and within a clear legal framework.

Protestors in the United States have a legal right to assemble and express their views through protest under the First Amendment. This right is strongest in traditional public forums, such as streets, sidewalks, and parks. However, protestors must not block access or interfere with the operations of these spaces. Protestors do not need a permit to assemble in these spaces, as long as they do not obstruct traffic and leave room for pedestrians to pass.

In the case of the Michigan United for Liberty protestors, who were forcefully removed from the State Capitol, it is unclear whether their right to privacy was infringed upon. The protestors were asked to leave due to new restrictions limiting the public's access to the session. While one of the protestors claimed that their First Amendment rights were being violated, it is important to note that the right to assemble does not extend to private property without the owner's consent.

To protect their right to privacy, protestors should be aware of the laws and regulations surrounding protests and know their rights in the case of police intervention. It is also important for protestors to document any violations of their rights and file complaints with the appropriate authorities.

Frequently asked questions