Speech Plus: Beyond the spoken word

How much noise can I make?

The answer varies from city to city but one general principle applies: You may use amplification devices as long as your intent is to communicate your message, not to disturb the peace. The government may require permits for music, drums and loudspeakers, but ordinances should be narrowly tailored so that they prevent excessive noise without interfering with your free-speech rights. Check your local regulations. You may not need a permit to use a bullhorn or megaphone, but the government may ban noisy parties without a purpose, or sound that is "amplified to a loud and raucous volume."

Can I stop people on the sidewalk?

Yes. You have the right to approach willing passersby to hand them a leaflet, engage them in conversation, or ask them to sign a petition. But you may not obstruct or harass passersby after they have informed you that they are not interested. You shouldn't need a permit to leaflet on public sidewalks, in parks or public plazas, or even to go door-to-door talking to people.

Where can I solicit contributions?

The First Amendment protects your right to ask people for money. However, this right is more tightly regulated than other forms of speech since it's considered more disruptive, particularly if you are asking for people to give you money on the spot. The courts have ruled, for example, that you don't have a right to solicit money inside an airport terminal. Also, you may need a permit to solicit funds. Many localities also make it illegal for you to solicit funds at a house where "no solicitation" signs are posted. Check your local regulations to be sure, and remember: if an ordinance is unreasonably burdensome, or if it discriminates based on what you want to say, it may be unlawful.

Can I set up a table to hold my literature or a chair so I can sit down?

The First Amendment protects your right to use a table or news rack to display materials, subject to the usual time, place and manner rules. People who have a physical condition that substantially limits their ability to stand have the right to sit down. In either case, the police can prohibit you from blocking the sidewalk.

Can I burn the American flag as a sign of protest?

Yes. In 1989, a landmark U.S. Supreme Court case invalidated the federal Flag Protection Act, along with flag desecration laws in 48 states. A flag desecration amendment to the Constitution, which was recently proposed and is likely to surface again, would permit Congress to pass a law barring the desecration of the U.S. flag, but no such law is currently on the books.

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