What Are Protests?
Protests are events or actions where people gather together to publicly express their opinions about something happening in the world. People use protests to make their opinions heard and demand change by influencing public opinions or government policies. Protests can take many forms, such as marches, boycotts, sit-ins, walk-outs, and civil disobedience, and often include signs, chantings, symbols, and speeches. Many protests are used as nonviolent ways to express people’s opinions; however, sometimes protests can become violent. From a practical standpoint, it is important to understand when and where you are legally allowed to do it, what the extent of your rights are, and where they come from.
What Are Your Rights to Protest?
Under the First Amendment to the U.S. Constitution, citizens are granted the right to peacefully assemble and petition the Government for a redress of grievances when they feel their rights are not being protected. Additionally, in Texas, the Texas Constitution, Article 1, Section 27 grants citizens the right to peacefully protest and assemble together for their common good. Both the U.S. Constitution and the Texas Constitution guarantee citizens the right to protest peacefully; however, there are rules and restrictions in place to protect people and ensure that protests remain peaceful.
When Am I Allowed to Protest in Texas?
Citizens are lawfully allowed to protest while in any traditional public forum, but they are not allowed to protest on private property unless they receive consent from the property owner. Groups are permitted to hold protests in public streets, parks, and on sidewalks. Additionally, protests can be held in areas specifically opened for speech, such as public universities, public schools, and public meetings; however, there are restrictions to protesting in these areas. Moreover, people have the right to peacefully protest in front of government buildings as long as they do not block access to the property or interfere with the building’s uses.
Am I Allowed to Protest on a College Campus?
Yes, citizens are allowed to protest at public universities. In 2019, Texas lawmakers passed a free speech law that established all common outdoor areas at public universities as traditional public forums, meaning that anyone can exercise their First Amendment right there. Although you are allowed to hold protests at public universities, protest groups must ensure that their activities are lawful and do not disrupt the normal functions of the campus. Additionally, public universities are allowed to enact reasonable time, place, and manner restrictions and regulations as long as they are applied neutrally and do not discriminate against particular groups and viewpoints. Universities can also restrict substantial disruptions to campus and speech that directly calls for violent action.
Your right to protest at a public university is protected; however, if your speech or behavior violates the university’s student conduct rules or other established guidelines, your public college can discipline you. Your school may also discipline you if you violate reasonable and viewpoint-neutral rules that regulate the time, place, or manner of your protest. Violating any of the rules above may result in discipline from your public university that the First Amendment does not protect.
Are There Restrictions for Protesting?
The government may not limit your constitutional right to peacefully protest, but they can create restrictions based on when, where, and how certain protests take place. These restrictions, known as time, manner, and place restrictions, are not intended to suppress the content of the speech and may not be applied in a discriminatory fashion.
Restrictions on place include funerals, pipelines and critical infrastructure, and blocking highways and sidewalks. Section 42.055 of the Texas Penal Code prohibits picketing within 1,000 feet of a facility or cemetery being used for a funeral service so that the service is not disrupted. Additionally, under the Texas Government Code, Chapter 424, protests are prohibited at critical infrastructure facilities such as pipelines transporting oil or gas and a facility or pipeline described under this section that is under construction and all equipment used during that construction. Lastly, Sections 42.03 and 42.04 of the Texas Penal Code prohibit obstructing highways, streets, sidewalks, railways, waterways, elevators, aisles, hallways, entrances, and exits that the public has access to.
Restrictions on manner include disorderly conduct and riots, as well as disrupting a lawful meeting. Under Section 42.01 of the Texas Penal Code, various types of disorderly conduct are prohibited, including but not limited to displaying a firearm, abusing or threatening a person in a public place, using abusive or vulgar language that intends to incite a breach of peace, and using gestures that intend to incite a breach of peace. Moreover, Section 42.02 of the Texas Penal Code makes it a criminal offense to knowingly participate in a riot. Furthermore, under Section 42.05 of the Texas Penal Code, protestors are prohibited from preventing or disrupting a lawful meeting, procession, or gathering.
Beware Some Protests Go Too Far
There is a saying “the wheel that squeaks the loudest gets the grease.” Unfortunately, some protest organizers know that the bigger the fuss the protest makes, the more media attention is drawn to their cause. As a result, some protest organizers knowingly chose to violate the rules and guidelines. After all, the media filming violence and arrests grabs more headlines than a peaceful protest. Additionally, anytime there is a crowd, there is always a risk of a few bad eggs whipping up the crowd into a “mob mentality” and breaking the laws.
When Can You Get Arrested for Protesting?
In Texas, there are several charges that could stem from a protest. The Anti-Riot Law, as mentioned earlier, prohibits riots and makes participating in a riot a criminal offense. A protester may also be charged with Criminal Trespass. If you are protesting at a public institution and you do not follow their time, place, and manner restrictions, you may be asked to leave. Refusal to leave the institution after being asked by law enforcement may result in the protesters being charged with criminal trespass. Another charge a protester could face is Obstruction of A Highway. Protesters are not allowed to block people from accessing roads, sidewalks, entrances, or other areas that the public has access to or any other place used for the passage of persons, vehicles, or conveyances. An Obstruction charge may also come with the charge of Disobeying Orders to Move by peace officers, firefighters, or a person with authority to control the use of the premises under certain circumstances. All of the charges listed above are Class B misdemeanors in Texas, resulting in up to a $2,000 fine and up to six months jail time. Additionally, a protestor may also be charged with Disorderly Conduct by making offensive gestures or public displays meant to incite an immediate breach of peace. Disorderly Conduct is a Class C misdemeanor and is punishable by up to a $500 fine and no jail time.
Although these laws exist, their application must be consistent with the Constitution’s First Amendment rights to free speech and peaceful assembly. These laws are intended to be used as a last resort to break up a peaceful protest and should be carried out in a way that does not infringe on citizen’s constitutional rights. Additionally, before any individual can be arrested, an Order to Disperse must be issued by peace officers, firefighters, authority figures in control of the premises, or people directly affected by the violation. Without issuing an Order to Disperse, law enforcement cannot lawfully arrest peaceful protesters.
Conclusion
You have the right to protest and to not have your speech regulated or censored. However, the time, place, and manner in which you protest as well as some unprotected subjects are still subject to some regulations. Sometimes what starts off as a lawful and peaceful protest can turn into an unlawful event or event a riot. It is wise to familiarize yourself with the laws and rules before you attend a protest so that you know how to avoid inadvertently crossing the line.
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