Gavin Howe
In Florida, protestors are allowed to peacefully assemble and express their views in public places, including streets, sidewalks, parks, beaches, and private property with the owner's consent. However, there are time, place, and manner restrictions on protests, and certain types of events, such as marches or large rallies, require permits from local governments. Florida's anti-protest laws, such as HB 1, impose stricter penalties for mob intimidation and damaging historic objects, and the ambiguity of how a riot is defined has led to concerns about potential arrests of peaceful protestors. To avoid legal repercussions, protestors should avoid blocking traffic, engaging with counter-protestors, and any situations involving violence or threats.
| Characteristics | Values |
|---|---|
| Protestors' rights | Protestors have the right to assemble and express their views through protest. |
| Counterprotesters' rights | Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. |
| Protest locations | Streets, sidewalks, parks, beaches, squares, plazas in front of government buildings, and private property with the owner's consent. |
| Permits | Not required for protests that don't block traffic. Required for protests that block traffic, large rallies with sound amplification, and rallies over a certain size in most parks or plazas. |
| Restrictions | No physical violence, intimidation, threats, or harm to others. No disrupting traffic or interfering with access to government buildings. No displaying signs or posters that threaten or intimidate others. |
| Anti-protest law | HB 1, enacted in 2021, enhances criminal penalties for "mob intimidation" and damaging historic objects. The law has been challenged and interpreted to not apply to non-violent protesters or bystanders. |
| Penalties | Violating protest laws can result in criminal charges, heavy fines, fees, or jail time. |
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What You'll Learn
Florida's anti-protest law
In 2021, the Florida Legislature passed and Governor DeSantis signed HB 1, an anti-protest law that increases criminal penalties during certain gatherings and creates new criminal penalties for "mob intimidation" and damaging or pulling down historic objects, such as monuments. This law was enacted in response to national protests against police violence and in support of racial justice.
The anti-protest law grants local governments the authority to issue permits for protests and demonstrations that obstruct traffic. Without a permit, anyone standing in a street and blocking traffic is committing a civil violation and can be fined $15. Furthermore, if law enforcement deems the gathering a "riot," anyone blocking traffic by "force or threat of force" can be charged with the new felony "aggravated riot," which carries a penalty of up to 15 years in prison.
The First Amendment protects individuals' right to assemble and express their views through protest. However, police and government officials can impose certain restrictions on the exercise of speech rights. These rights are strongest in "traditional public forums," such as streets, sidewalks, and parks. Additionally, individuals can speak out on other public property, like plazas in front of government buildings, as long as they don't block access or interfere with the designated purpose of the property.
In May 2021, several organizations, including Black Lives Matter Alliance of Broward and the Florida State Conference of the NAACP, filed a lawsuit against the anti-protest law, arguing that it violates the First and Fourteenth Amendments by stifling protected speech and criminalizing protest activity. In 2024, the Florida Supreme Court clarified that the law's definition of "riot" does not apply to non-violent protesters or bystanders, ensuring that state authorities cannot prosecute individuals for non-violent demonstrations.
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Protected places to protest
In Florida, protestors are allowed to peacefully assemble and share their views in public places, but there are certain restrictions on where, when, and how assemblies can come together and protest. These are also known as "time, place, and manner" restrictions.
Your rights are strongest in what are 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 the property was designed for.
Local governments can still issue permits to allow protests and demonstrations that block traffic. If a permit has not been issued, anyone standing in a street blocking traffic commits a civil violation and can be issued a ticket for $15.
On private property, the owner may 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.
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Permits and restrictions
In Florida, you don't need a permit to protest in streets or on sidewalks, as long as you don't obstruct car or pedestrian traffic. If you do block traffic without a permit, you can be fined $15. If law enforcement deems the gathering a "riot", anyone blocking traffic by "force or threat of force" can be charged with the new felony "aggravated riot", which carries a penalty of up to 15 years in prison.
Permits are required for marches or parades that require blocking traffic or closing streets, and for large rallies that require the use of sound-amplifying devices. Many permit procedures require that the application be filed several weeks in advance of the event. However, the First Amendment prohibits such advance-notice requirements from being used to prevent rallies or demonstrations.
In Florida, protests are allowed in "traditional public forums", such as streets, sidewalks, parks, beaches, and squares. Protests are also allowed on private property with the consent of the property owner. Protestors are allowed to peacefully assemble and share their views in public places, but there are restrictions on when, where, and how assemblies can come together and protest. These are known as "time, place, and manner" restrictions.
The Florida anti-protest law, HB 1, enhances criminal penalties during certain gatherings and creates new criminal penalties for "mob intimidation" and damaging or pulling down historic objects. However, the Florida Supreme Court has ruled that this law cannot be used to prosecute non-violent protesters or bystanders.
The law prohibits protest activities that may harm, disrupt, or intimidate others. This includes physical violence and intimidation or threats. It is also illegal to display signs, hold posters, or put up artwork that may threaten or intimidate others. However, the vagueness of this law could potentially lead to the arrest of innocent protesters who are practicing their right to free speech.
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Protestors' rights
The First Amendment also protects counterprotesters' rights to free speech. Police must treat protesters and counterprotesters equally, allowing them to be within sight and sound of one another, but they can keep antagonistic groups separated. Protestors have the right to photograph anything in plain view, including federal buildings and the police, but on private property, the owner may set rules related to photography and videography.
In 2021, Florida's anti-protest law, HB 1, was enacted, enhancing criminal penalties during certain gatherings and creating new penalties for "mob intimidation" and damaging or pulling down historic objects. However, the Florida Supreme Court ruled that this law cannot be used to prosecute non-violent protestors or bystanders. This decision maintains that the state and local authorities cannot prosecute protesters for non-violently demonstrating for racial justice.
While exercising the right to protest, it is important to be aware of your rights and how to respond to potential police abuse. Protestors should also be mindful of the rules set by private property owners, as disobeying these rules may result in trespassing charges.
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Counter-protestors' rights
In the state of Florida, counter-protestors have the right to be present and voice their displeasure, as long as they do not physically disrupt the event they are protesting. Police must treat protesters and counter-protestors equally, allowing them to be within sight and sound of one another.
Counter-protestors are also protected by the First Amendment, which covers all forms of communication, including music, theatre, film, and dance. This means that counter-protestors can express their views through various means, including speech and assembly. However, it is important to note that counter-protestors do not have the right to threaten someone with violence, as this is not protected by the First Amendment.
In terms of location, counter-protestors have the right to assemble in traditional public forums, such as streets, sidewalks, and parks. They may also be allowed to assemble 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 purpose of the property. On private property, the owner may set rules for speech and assembly, and counter-protestors must obey these rules to avoid trespassing.
Additionally, counter-protestors have the right to photograph anything in plain view, including federal buildings and the police, when lawfully present in any public space. However, on private property, the owner may set rules related to photography and video. It is important to note that police officers cannot confiscate or view photographs or videos without a warrant and cannot delete data under any circumstances.
In summary, counter-protestors in Florida have the right to express their views and assemble peacefully, as long as they do not disrupt the event they are protesting or engage in violent or threatening behavior. They are also afforded the same rights and protections as protesters under the First Amendment.
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Frequently asked questions
The First Amendment protects your right to assemble and express your views through protest.
In 2021, the Florida Legislature passed and Governor DeSantis signed HB 1, an anti-protest law that enhances criminal penalties during certain gatherings and creates new criminal penalties for "mob intimidation" and damaging or pulling down historic objects.
The Florida Supreme Court ruled that the anti-protest law cannot be used to prosecute non-violent protesters or bystanders.
Protestors are allowed to peacefully assemble and share their views in public places, but there are certain restrictions on where, when, and how assemblies can come together and protest. These are known as "time, place, and manner" restrictions.
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. However, certain types of events may require permits, such as marches or parades that block traffic or street closures, and large rallies requiring the use of sound-amplifying devices.
