What to know about your protest rights ahead of upcoming No Kings demonstrations
CAROLINE SAVOIE | East Texas Reporter
carosavo@storydustsearch.com
With No Kings demonstrations expected across Texas and the U.S. on March 28, civil liberties advocates are reminding participants that the right to protest is protected under both federal and state law. After federal agents killed Alex Pretti and Renee Good in Minneapolis, knowing those laws and their limits could be life-saving measures against government overreach.
The right to protest is constitutionally protected
The First Amendment guarantees freedom of speech and the right to peacefully assemble. The Texas Constitution also explicitly protects these rights, allowing people to gather and express grievances against the government.
That means Americans generally have the right to protest government policies, record law enforcement activity and express controversial political opinions. But constitutional protections do not mean all protest activity is allowed in every circumstance.
Government officials can enforce “time, place and manner” restrictions. These are rules about when, where and how demonstrations take place, as long as those rules are applied equally and are not used to silence a particular viewpoint.
Where protests can legally take place
Most demonstrations are protected in traditional public forums, including:
- Public sidewalks
- Streets
- Parks
Protests may also occur in some public plazas or areas outside government buildings that have historically been open to public speech. But private property owners can restrict protests on their property and ask demonstrators to leave.
Do protesters need a permit?
Most small demonstrations or protests on sidewalks do not require permits. But permits may be required for people who organize:
- Marches that block streets or traffic
- Large rallies using amplified sound
- Events in certain public parks or plazas
Civil liberties advocates warn that permiting processes and rules cannot be used to suppress controversial speech. Governments cannot legally deny a permit simply because they disagree with the message being expressed.
Marching, leafleting and recording police
Several common protest activities are generally protected under the First Amendment, including:
- Marching. Demonstrators can march on sidewalks without a permit as long as they obey traffic signals and allow space for pedestrians.
- Recording law enforcement. Courts have consistently recognized the right to film police and government agents performing public duties, as long as it does not interfere with their work.
- Leafleting. People can distribute flyers, petitions or newspapers on public sidewalks.
Texas laws protesters should know
Texas law includes several statutes that can affect protest activity. Protesters may face charges for obstructing a highway or passageway, which includes blocking streets, sidewalks or building entrances accessible to the public.
Other laws prohibit:
- Disorderly conduct.
- Participating in a riot.
- Disrupting a lawful gathering or meeting.
Other restrictions apply to demonstrations near funerals and certain critical infrastructure sites, like oil and gas facilities.
What to do if police challenge your protest
Civil liberties advocates advise protesters to remain as calm as possible if confronted by law enforcement. If an officer tells someone to move or stop an activity, refusing could lead to arrest, even if the officer’s order is later determined to violate constitutional rights.
For this reason, advocates recommend documenting interactions with federal and state law enforcement when possible.
Why knowing your rights matters
Protests are not only about political messaging but about defending civil liberties, a historically American ideal. Knowing where and how protests are protected, advocates say, can help Americans exercise their constitutional rights and keep themselves safe, an endeavor that is requiring more and more skill with each American killed.