1st Amendment and Free Speech/Petitions and protests

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Question
Dear Mr. Troy,
I am writing an article on Teenagers petitioning and/or peaceably protesting the government.  I was going to write a how-to section.  I was hoping to get some information from you, if you don't mind.  I was wondering how could someone set up a public protest, such as a sit-in, legally?  How does one write a successful letter to a congressman or such?  What other means of petition are there?  If you have any more information for me, I'd be very appreciative.  Thank you very much for your time.  
Susan Thomas


Answer
Hi Susan,

The important thing to remember about a protest is that you have a right to get out your message, but you do not have a right to inconvenience others by misuing public areas.  Blocking traffic or pedestrians is illegal and can get you into trouble.  

Also, as far as sit-ins go, they are pretty much by definition illegal.  A sit in is only usually effective if you are sitting on someone else's property.  Not many people would probably care if you "sit--in" on your own property or in a public place where anyone can sit.  There may be good reasons to act illegally and have the sit-in, but it is illegal.

For more info on protest issues, you might want to Check out the ACLU's web site:

http://www.aclu.org/FreeSpeech/FreeSpeechlist.cfm?c=86

As for petitioning Congress, very few letters are "effective" in the sense that a single letter will affect a Congrssman's position on a public issue.  The main thing that influences them, it is numbers.  If they get thousands of personalized letters (no pre-printed post-cards) from their constituents, they are quite likely to give that more consideration.  On major issues, I have known some offices simply to weigh the thousands of "pro" and "anti" letters they get to see which side has more numbers, so writing on heavier stock paper can't hurt!  Beyond that, keep the letter consise, to the point (and one single point only) and let the Congressman know if this is an issue that will be decisive in who you support in the next election.

Most Congressmen also accept e-mail now.  But since these can be so easily spammed by lobbyists, I'm not sure that they are terribly effective.  Phone calls can also be effective if large numbers overwhelm a member's office.

Another important way to influence policy is to get articles published in the local papers.  Such articles not only encourage others to take action, but politicians pay close attention to what their local papers are saying about such issues.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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