Expert: Michael Troy - 6/5/2009

Question
I am looking for general information on the limitations placed on protestors at events held at public parks and/or parades.  I am attending a Gay Rights Parade and know that there will be protestors, and would just like to help my organization be prepared.  We have permits for both the parade and the event held in a park in Montana.  Thank you!

Answer
Hi Katy,

I cannot provide specific legal advice in this forum, but generally speaking, police may not use powers to restrict expression of speech.  Police may, however, take action which has an effect on such expression if there is a legitimate basis for doing so.  For example, police may prevent protesters from impeding traffic, creating annoyances for others, or inciting violence.  Exactly what specific situations allow for police intervention can be a gray area and somewhat subjective.  It comes down to whether the action is taken based on the content of the speech, or whether there is some content neutral basis for the police intervention.

You may find this article more helpful with some details:

http://www.lectlaw.com/files/con10.htm

The main problem is that the police themselves often don't know the exact lines they should not cross, or don't care.  Protesters often get arrested, then released later without being charged because it is determined to be baseless.  Often police would rather err on the side of keeping order rather than ensuring rights of protest are fully observed.

A couple of good rules of thumb: Always follow police orders if you don't want to be arrested.  Some people don't mind being arrested because they think they can make the case that they are within their rights and because the arrest brings more publicity.  But if you don't want to be arrested, make sure not to oppose a police order. Also, make sure you discuss the ground rules with your fellow protesters - no weapons, nudity, violent behavior, rowdiness, etc.  Those things will get you shut down very quickly.  Sometimes it is good to speak with police prior to the beginning of the protest to make sure that your plans and their plans are in agreement and you can work out any concerns before you are not the streets yelling at each other.

I hope this helps!
- Mike