Speak Up! - View Question #22647

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Not as long as you do it within legal guidelines.

The First Amendment to our Constitution protects our right as Americans to do things like starting a protest (usually referred to as "demonstrating"). You have the Right to Free Speech and to peaceably assemble under the First Amendment at any age.  However, as with all rights, free speech and the right to peaceably assemble are not absolute. In other words, reasonable restrictions may be placed upon your ability to demonstrate in public. 

The United States Supreme Court has explained that speech made in public may be restricted by 'time, place, and manner restrictions'. These restrictions cannot be based on the actual content or message of the speech, except in a very few situations, including:

·          making statements that create danger,

·          making false statement about others (liable and slander) and

·          inhibiting the legal process (speaking negatively to the court and thus being in contempt of court)

(The “Skokie” Case - Collin v. Smith 578 F.2d 1197 C.A.Ill., 1978; 16B C.J.S. Constitutional Law § 820).

Examples

Reasonable restrictions by the content of your message (what you have to say):

For example, you would be prohibited from yelling “fire” in a movie theater when there was no fire.   This would create a dangerous situation by causing fear in people and possibly causing a stampede.

Reasonable restrictions by time:

A demonstration that is held in a major street at rush hour is an example of a demonstration could be prohibited due to poor timing.

Reasonable restrictions by place: 

Petitioning inside a government building that prohibits government workers from doing their jobs would be restricted because of the location. 

Even though we have a right to petition on government property this right can be restricted so that government workers can do their jobs without interruption or distraction. That is why we may petition in parks and on streets, but we may not petition inside government buildings, distracting government workers from doing their jobs.

An example of manner restriction: 

Your demonstration could also be restricted by manner – meaning how you behave.  In other words, if the protest you start leads to violence, you could be arrested for inciting violence (causing a fight by using 'fighting words' for instance).   Another example would be if you were very noisy (to the point of annoying people) either late at night, or very close to their homes or business your demonstration could be prohibited.

Although the First Amendment right is a very important right for each of our citizens, the State you live in is responsible for the health, safety and welfare of all its citizens, so the government (both state and federal) has to balance your First Amendment rights with the rights of other citizens.

Amendment 1:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(See Also – answer to question #292).