Shopping malls must allow speech activity subject to reasonable time, place and manner rules— ask your local mall for their rules. Not usually; however, government may require permits for certain types of events. Generally, these events are: 1 a march or a parade that does not stay on the sidewalk, and other events that require street closures; 2 a very large rally; and 3 activity which obstructs vehicle or pedestrian traffic.
Many permit procedures require that applications be filed with the police department or the city or county well in advance of the event. However, the government must allow you to obtain a permit on short notice if the event is organized in response to unforeseeable and recent occurrences.
In general, if groups of individuals stay on the sidewalk and obey traffic and pedestrian signals, their activity is protected. They may be required to allow enough space on the sidewalk for normal pedestrian traffic and may not obstruct or detain passers-by. It is always advisable to check with the city or the police to find out about permitting requirements—contact your local ACLU affiliate if the requirements seem unreasonable. Pedestrians on sidewalks may be approached with leaflets, newspapers, petitions and solicitations for donations.
Tables may also be set up on sidewalks for these purposes as long as demonstrators do not block entrances to buildings and passers-by are not physically detained. Download Bustcard. Is it legal to Protest? Is protesting a human right? When can the right to protest be limited? Do I need permission to protest? You do not need to have permission to protest unless you are the organiser.
How to organise a protest? What charges can you face for protesting? Free Consultation. First Name. Last Name. Law Area. Details - Brief description of enquiry. National Legal Service Ltd. Legal Information. Privacy Policy Complaints Procedure. London Birmingham Liverpool Menu. Youtube Facebook-f Twitter Instagram Linkedin-in. Facebook-f Twitter Instagram Linkedin-in. Louis , 52 F. Generally, authorities may require advance permits for demonstrations that will block traffic on city streets or even sidewalks.
However, there are usually exceptions for spontaneous protests in response to recent events. Generally, police shouldn't break up protests that are simply slowing traffic or inconveniencing drivers and pedestrians—but that might not be the case in states that have passed laws making it a crime to block traffic during a protest as discussed above.
Absent a permit or exceptions, you could face arrest for obstructing traffic, disorderly conduct , or similar "catch-all" crimes that cover a wide range of conduct.
Police typically arrest protesters who take over freeways and bridges. As part of your First Amendment rights, you're generally entitled to take videos and photos of the police when they're performing their duties in public.
You shouldn't have to stop recording, show officers what's on your device, or turn over your phone just because they don't like what you're doing. However, you could be arrested if you're obstructing or otherwise interfering with an officer's ability to carry out law enforcement duties—so you should record from enough of a distance that you can't be accused of getting in the way.
You should also be open about what you're doing, to avoid being charged under some state laws against wiretapping, electronic surveillance, or eavesdropping. Learn more about other exceptions to your right to record law enforcement , as well as steps you can take to protect your electronic devices and avoid surveillance at protests.
You may be arrested for trespassing if you're protesting on some types of government property including military installations, prisons, and courthouses or on private property without the owner's permission. But you generally are allowed to protest on some types of private property that have been opened to public use, including parks known as "privately owned public spaces. When you're protesting in front of city hall, police stations, or other government buildings, you could face arrest if you're blocking access to those buildings.
You might also be arrested for protesting within a "buffer zone" meant to keep protesters a certain distance away from sensitive locations like healthcare facilities that provide abortions. The U. Supreme Court has allowed some buffer zone restrictions and struck others down for example, see Hill v.
Colorado , U. It is still possible to protest despite the pandemic. The right to protest is protected by both charters of rights. Public health measures must be followed though. Plus, the government has restricted places where protests against public health measures can take place.
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