KNOW YOUR RIGHTS: PROTESTORS, ACTIVISTS, AND DEMONSTRATORS
May 1, 2006
These are suggestions, not complete legal advice. Be sure to consult a lawyer.
FREE SPEECH RIGHTS
Q: Can my free speech rights be restricted because of what I want to say -- even if it's controversial?
A: No. The First Amendment prohibits restrictions based on the content of the speech. However, this does not mean that the Constitution completely protects all types of free speech activity in every circumstance. Police and government officials are allowed to place certain non discriminatory and narrowly drawn "time, place, and manner" restrictions on the exercise of First Amendment rights.
Q: Where can I engage in free speech activity?
A: Generally, all types of expression are constitutionally protected in traditional "public forums" such as streets, sidewalks, parks, and plazas. Additionally, free speech activity is allowed at other government operated facilities if the type of expression does not significantly disrupt the normal operations of the facility. In California, certain types of expression may also take place at shopping centers.
Q: Do I need a permit before I engage in free speech activity?
A: Not usually; however, certain types of events require permits. 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; 3) activity which obstructs vehicle or pedestrian traffic.
Many permit procedures require that applications be filed with the police department well in advance of the event. However, a permit may be obtained on short notice if the event is organized in response to unforeseeable and recent occurrences.
Q: Can a speaker be silenced for provoking a crowd?
A: Generally, no. Even the most inflammatory speaker cannot be punished for merely arousing the audience. A speaker can be arrested and convicted for incitement only if s/he specifically advocates illegal actions and only if those illegalities are imminently likely to occur.
Q: Do counter-demonstrators have free speech rights?
A: Although counter-demonstrators should not be allowed to physically disrupt the event they are protesting, they do have the right to be present and to voice their displeasure. Police are permitted to keep two antagonistic groups separated but should allow them to be within the general vicinity of one another.
Q: Is heckling protected by the First Amendment?
A: Although the law is not settled, heckling should be protected unless you are attempting to physically disrupt an event or are drowning out the other speakers.
Q: If organizers have not obtained a permit, where can a march take place?
A: 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.
Q: Can police restrict the size or type of signs or how they are carried or displayed?
A: Generally, no. However, in San Diego, metal stakes, clubs, and pipes are prohibited at rallies. Wooden stakes must be 1/4 inch or less in thickness and 2 inches or less in width.
Q: What other types of free speech activity are constitutionally protected?
A: The First Amendment covers all forms of communication including music, theater, film, and dance. The Constitution also protects actions that symbolically express a viewpoint. Examples of these symbolic forms of speech include wearing masks and costumes or holding a candlelight vigil.
Q: May I distribute leaflets and other literature on public sidewalks?
A: Yes. Pedestrians on sidewalks may be approached with leaflets, newspapers, petitions, and solicitation for donations. These types of free speech are legal as long as entrances to buildings are not blocked and passers-by are not physically detained. No permits are required.
YOUR RIGHTS DURING INTERACTIONS WITH THE POLICE
You cannot legally be arrested for refusing to identify yourself to a police officer.
You do not have to answer a police officer's questions.
Police may pat down your clothing if they suspect a concealed weapon. Don't physically resist, but clearly state that you do not consent to be searched.
It is a crime to interfere with police action.
IF YOU ARE ARRESTED OR TAKEN INTO CUSTODY
What you say can be used against you. You have the right to talk to a lawyer before you talk to police about your case. Do not give any explanations, excuses, or stories. You do not have to give a statement or sign any statement you might give.
The police are entitled to basic biographical information -- i.e., your name and address -- and may take your fingerprints and photograph.
Ask to see a lawyer immediately. If you cannot pay for a lawyer, you have the right to a free one. Ask the police how a lawyer can be contacted.
Within a reasonable time after your arrest or booking, you have the right to make a phone call to a lawyer, bail bonds person, a relative, or any other person. The police may not listen to the call to your lawyer. Conversations with people other than your lawyer are not confidential.
You will be interviewed by a court agency so that bail can be assessed. You do not have to answer their questions, but giving accurate information will speed the process.
Sometimes you can be released without bail or have bail lowered. Ask the judge about it.
The police must bring you to court or release you within 48 hours after arrest, excluding Sundays and holidays. |