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Can my free speech be restricted because of what I say—even if it is controversial? Where can I engage in free speech activity? What about free speech activity on private property? Does the anti-protest law protect me if I get injured? Do I need a permit before I engage in free speech and assembly activity? If organizers have not obtained a permit, where can a march take place? May I distribute leaflets and other literature on public sidewalks? Do I have a right to picket on public sidewalks? Can government impose a financial charge on exercising free speech rights? Do counter-demonstrators have free speech rights? Does it matter if other speech activities have taken place at the same location? What other types of free speech activity are constitutionally protected? What should I do if my rights are being violated by a police officer? Can I record the police?

Where can I engage in free speech activity?

Answer

Generally, most types of communicative expression are constitutionally protected (subject to reasonable restrictions) in traditional “public forums,” such as streets, sidewalks, and parks. Additionally, your speech or expression may be permitted at other public locations that the government has opened up to similar speech and expression, such as the plazas in front of government buildings. Under the new law, local governments can still issue permits to allow protests and demonstrations that block traffic. If a permit has not been issued, anyone standing in a street blocking traffic commits a civil violation and can be issued a ticket for $15. Critically, under the new law, if law enforcement deems the gathering a “riot,” anyone blocking traffic by “force or threat of force” can be charged with the new felony “aggravated riot,” which carries a penalty of up to 15 years in prison.