The right to peacefully assemble and protest is critical to a functioning democracy. This is one of the rights that makes the United States different and superior to all other countries.
Is Peaceful Protest a Constitutional Right?
The First Amendment grants the right to freedom of assembly, freedom of association, and freedom of speech. The five freedoms it protects is speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.
Is the Right to Protest Unlimited?
No. The government can limit such protests depending on several factors.
First, violent protests are outlawed anywhere. The text of the First Amendment provides for ‘the right of the people peaceably to assemble.’ The keyword is ‘peaceably’. Violent protesting is simply not allowed.
Second, the First Amendment rights apply to the most traditional public forums, such as a public park, public streets, and public sidewalks.
The general rule is that government officials may not impose content-based restrictions on speech in a public forum. But even in a public forum, the government may impose reasonable time, place, and manner restrictions that are content-neutral. This means that city officials can limit protests to certain hours of the day and perhaps certain locations. Again, the key terms are ‘reasonable’ and ‘content-neutral.’
There is no unrestricted right to protest on government property. Protests must be peaceful, and the government has the right to impose content-neutral, reasonable time, place, and manner restrictions on expression.
Should I Contact a Criminal Defense Lawyer?
If you or a loved one have been wrongfully arrested while peacefully protesting, it is important that you discuss your situation with an experienced criminal defense attorney to learn about your rights and options.
One of the biggest benefits associated with hiring a qualified lawyer is that you increase your chances of getting the relief you deserve. A skilled and experienced attorney will be able to research the facts and the law and prepare an informed defense of the charges. Good attorneys have the knowledge, experience, and resources necessary to obtain the best possible outcome. You need a qualified and experienced defense lawyer to fight for your rights.
Why Fernandez & Hernandez?
The attorneys at Fernandez and Hernandez have experience defending people who have been wrongfully arrested and will work vigorously to protect your rights. The criminal defense attorneys at Fernandez & Hernandez can help you understand all of your options.
If you or someone you know has been improperly arrested while peacefully protesting in the Tampa Bay area and needs help, Fernandez & Hernandez will guide you through the process. Fernandez & Hernandez may be able to help you find a solution to your problem.
Criminal defense attorney Daniel J. Fernandez has the experience and will work diligently to get your situation resolved favorably. Attorney Daniel J. Fernandez can help guide you through the system and get a favorable resolution of your situation.
If you or a loved one need legal assistance call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353.