Demonstrators and the Constitution: A Legal Overview

Unclear on your First Amendment rights when it comes to activities such as marching and picketing? You should know that the free speech guarantees of the U.S. Constitution and the California Constitution apply to all forms of expressive activity and demonstrations. These include rallies and marches; and picketing, leafleting, and petitioning. These constitutional protections mean that, while government can impose some “reasonable’’ restrictions on these activities, it cannot prohibit or regulate them based on the content of the speech, or in a way that will prevent meaningful and effective communication. The ACLU-NC has developed an outline on how these constitutional principles apply to specific situations and suggests arguments that can be used (in court or directly with the police or city officials) to maximize the scope of these activities.

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RELATED ISSUES
Freedom of Press and Speech