Our Founding Fathers established the framework for a sovereign nation where representatives and government officials are elected by the people, for the people. As such, the First Amendment to the United States Constitution gives individuals the explicit right to peaceably protest when they feel these institutions are no longer operating in their best interests. In light of the recent untimely death of George Floyd, people across the country are holding protests that have gained the attention of nearly every American citizen. Please continue reading and reach out to our experienced Texas firm to learn more about your right to lawfully, peacefully, protest.

• Public Property Protest Laws: First and foremost, you should note that your right to protest is strongest on “traditional public forums,” such as public sidewalks, streets, and parks. Therefore, if you are peacefully protesting in a traditional public forum, you are not breaking the law, and you should have nothing to worry about. However, while doing so, keep the following in mind:

1. You are legally permitted to protest in front of government buildings, however, you are not allowed to block access to the property or interfere with the functionality of the government property.
2. If you are lawfully protesting on public property, it is lawful to take pictures or videos of anything in plain view.
3. If you are not obstructing motor vehicle or pedestrian traffic, you will not need a permit to march on the streets. That being said, if you do not have a permit and are obstructing traffic, police officers are allowed to ask you to move to the side of the street or onto a sidewalk for others’ safety.
4. You should also note that counterprotesters are protected under the same rights, as long as they are protesting peacefully in a traditional public forum or while lawfully on private property. That being said, police can keep protestors and their counterprotesters apart from one another. However, protestors and counterprotesters can still stay within sight and sound of each other.

• Private Property Protest Laws: If a private property owner does not explicitly give you permission to protest on his or her property, you may not do so. However, with the property owner’s consent, you may. That being said, if you wish to take photographs or videos of anything in plain view, you must also receive the property owner’s consent.
• Police Rights: Generally speaking, the police may not shut down a protest. However, when there is a clear and present danger, such as disorder, a riot, or interference with traffic, the police may lawfully issue a dispersal order. Once the police issue a dispersal order, all protestors must have enough time to comply and leave the scene, and they also must have an unobstructed and clear exit path so they can easily leave the scene. The police must issue the dispersal order clearly and in detail, and protestors must be informed of how long they have to disperse, the consequences of failing to disperse, and the route they can take to safely evacuate before they can be arrested or charged with a crime.

What should I do if my rights have been violated in a protest?

If you believe a police officer violated your rights, you should take pictures or videos of the incident, as well as any injuries you may have sustained, and you should write down all details of the incident, including badge numbers, patrol car numbers, officer names, and the agency the officer works for. Next, you should obtain all witness contact information so they may confirm your allegations, and from here, you should file a written complaint with the agency’s internal affairs division or civilian complaint board.

These are unprecedented times, which is why if your rights have been infringed upon or you are currently facing criminal charges, you should speak with us today so we can help you.

Contact our experienced Texas firm

We are knowledgeable attorneys who are ready to help preserve your freedom and keep you out of jail. If you or a loved one are facing a criminal charge in the state of Texas, reach out to our firm today. We have been defending individuals in your position for years, and we are ready to do the same for you. If you need a firm who will aggressively fight for your rights, look no further–simply contact Carrol & Hinojosa today.