But advance notice periods should be days, not weeks, and there should be an exception to allow demonstrations in response to breaking news. Most permit ordinances require that an application be submitted a few days in advance, so be sure to give officials sufficient notice. You shouldn’t need a permit for demonstrations that don't "realistically present serious traffic, safety, and competing-use concerns beyond those presented on a daily basis by ordinary use of the streets and sidewalks." If you hold a small rally in a public park or march on the sidewalk and obey traffic laws, you generally won’t need a permit.But it can often require a permit to regulate competing uses of the area and to ensure you respect reasonable time, and place and manner restrictions. The government can't prohibit marches on public sidewalks or streets, or rallies in most public parks or plazas. While regulations vary, here are some guidelines: Whether you're marching on city hall, holding a candlelight vigil, or picketing outside a private business or residence you should check your local permit ordinance before you put on your marching shoes and pull out the megaphone. While counter-demonstrators do have a right to be present, it's the responsibility of the police to control the crowd. You also are not liable for the way that counter-demonstrators react to your message. If you are the organizer of a lawful protest, you can't be held responsible should people in attendance commit unlawful acts, as long as your words don't directly incite violence or law-breaking. What if others react violently to what I say? But it may ban speech that’s "directed to inciting or producing imminent lawless action and is likely to incite or produce such action." The government can't stop you from talking generally about ideas or future events. Subsequent courts have interpreted the government's ability to prohibit speech as incitement more narrowly. In the 1940s and '50s, suspected subversives or Communists were often charged with 'incitement to illegal activity' and convicted. If you grab a megaphone during a riot and yell "shoot the cop" or "loot the shop," you may reasonably expect trouble.Ĭan I talk about government overthrow or taking over the streets? But this right doesn't extend to libel, slander, obscenity, "true threats," or speech that incites imminent violence or law- breaking. You may criticize the President, Congress, or the chief of police without fear of retaliation. The First Amendment protects your right to express your opinion, even if it's unpopular.
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