Mass Defense Briefs

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:

Sullivan v. City of Augusta

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