The materials on this page are offered to help lawyers and activists exercise and protect their First Amendment right to engage in expressive activity. These materials are not intended as legal advice.
First Amendment rights are not always absolute and, depending upon when and where you want to exercise your rights, may be subject to what the U.S. Supreme Court describes as "reasonable time, place, or manner regulations." While the federal Constitution sets a floor on the protection of First Amendment rights, you need to be aware of any local laws restricting expressive activity as these may or may not pass muster as "reasonable" regulations.
In the headings below, we used the term "police." In your jurisdiction, you may be dealing with other law enforcement agencies or officials, such as a Sheriff or federal police, or other government officials, such as the City Manager. Most of the information below pertains to laws common to states, municipalities, and counties. Although much of this law is also applicable on federal property, there is an additional section for exercising your rights on federal property.
Access to public places for expressive activities:
SEIU v. City of Los Angeles: Motion for injunction SEIU v. City of Los Angeles: Reply in support of injunction SEIU v. City of Los Angeles: Memorandum in support
The process of applying for permits:
Injunctions:
Lake Worth for Global Justice, Inc. v. City of Miami, et al.: Ruling on pre-injunction Convention Planning Coalition, et al v. City of Los Angeles: Complaint and request for temporary restraining order Convention Planning Coalition, et al v. City of Los Angeles: Memorandum in support Convention Planning Coalition, et al v. City of Los Angeles: Declarations Convention Planning Coalition, et al v. City of Los Angeles: Decision, temporary restraining order
Disruption of demonstrations:
Protesters in Black v. District of Columbia: Complaint
Filing after the protest for damages:
The complaint
Barham v. Chief Charles Ramsey, et al: First amended complaint Vodak v. City of Chicago, et al: First amended complaint Plaintiffs v. City of Miami: Complaint Multi-Ethnic Immigrant Workers Organizing Network v. City of Los Angeles Plaintiffs v. City of Portland, et al.: Amended complaint
Class actions
Barham v. Chief Charles Ramsey, et al: Class certification order Barham v. Chief Charles Ramsey, et al: Motion for class certification Barham v. Chief Charles Ramsey, et al: Class certification reply Vodak v. City of Chicago, et al: Class certification memorandum
Discovery
Plaintiffs v. City of Portland, et al: Motion to compel Plaintiffs v. City of Portland, et al.: Order and opinion International Action Center v. U.S.A.: Order to compel discovery International Action Center v. U.S.A.: Discovery order Vodak v. City of Chicago, et al: Discovery request Vodak v. City of Chicago, et al: Interrogatories Vodak v. City of Chicago, et al: City interrogatories
Protective orders
International Action Center v. U.S.A.: Motion for Protective Order International Action Center v. U.S.A.: Defendants' Response International Action Center v. U.S.A.: Plaintiffs' Reply International Action Center v. U.S.A.: Protective Order Opinion