Simone Lawson
Constitutionally protected activity is a term used to describe actions that are protected by the constitution. This includes activities such as picketing and other organised protests. In the context of stalking laws, constitutionally protected activity refers to communication that is protected by the First Amendment. This means that certain forms of speech, such as true threats or obscenity, are not protected.
| Characteristics | Values |
|---|---|
| Picketing | Constitutionally protected activity |
| Organised protests | Constitutionally protected activity |
| Communication | Constitutionally protected activity |
| Speech | Constitutionally protected activity |
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What You'll Learn
Picketing and protests
Constitutionally protected activity includes picketing and other organised protests. The First Amendment protects the right to free speech and assembly, which includes the right to picket and protest. This means that the state cannot repress protests through intimidation, arrests, or by draining them of resources.
In the context of stalking laws, constitutionally protected activity has been used as a defence. For example, in *Mashaud v. Boone*, the ACLU of DC argued that a law making "communication" a crime risks the prosecution of speech protected by the First Amendment. The law therefore provides that "this section does not apply to constitutionally protected activity". However, the D.C. Court of Appeals has never explained what that means.
In another case, the ACLU of DC argued that First Amendment protection is not limited to speech that has a "legitimate purpose". They noted that much of the #MeToo movement involves "naming and shaming" powerful men who have sexual relations with subordinate women. The court granted a rehearing en banc, and the ACLU filed an amicus brief arguing that the statutory exemption for "constitutionally protected activity" must be construed to exempt speech unless it falls into one of the categories traditionally recognised as not protected, such as true threats, obscenity, or speech integral to other criminal activity.
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Speech protected by the First Amendment
Organised protests, including picketing, are also constitutionally protected activities. This is because it is vital to protect the act of protest and demonstrations to ensure that they can withstand repression from the state, which can occur through intimidation, arrests, and draining them of resources.
The First Amendment protection is not limited to speech that has a "legitimate purpose". For example, much of the #MeToo movement involves "naming and shaming" powerful men who have had sexual relations with subordinate women.
However, there are some categories of speech that are not protected by the First Amendment. These include true threats, obscenity, or speech integral to other criminal activity.
Overall, the First Amendment protects the right to free speech and ensures that individuals can engage in open communication and peaceful protests without fear of legal repercussions.
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Demonstrations
Constitutionally protected activity refers to actions that are protected by the First Amendment, such as picketing and other organised protests.
The First Amendment protects speech, even if it does not have a "legitimate purpose". For example, much of the #MeToo movement involves "naming and shaming" powerful men who have exploited their positions of power to engage in sexual relations with subordinate women. While this may be considered by some to be a form of "stalking", it is protected by the First Amendment as it is a form of constitutionally protected activity.
However, it is important to note that constitutionally protected activity does not include all forms of communication. For instance, true threats, obscenity, or speech integral to other criminal activity are not protected.
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Communication
In the case of Mashaud v. Boone, the D.C. Court of Appeals did not explain what this means in the context of stalking laws. However, the law provides that "this section does not apply to constitutionally protected activity". This means that communication is protected, even if it is directed at a specific individual with the intent to cause them to feel alarmed or distressed.
Constitutionally protected activity also includes picketing and other organised protests. This protection is vital to ensure that protests can withstand repression from the state, such as intimidation, arrests, and resource depletion.
It is important to note that First Amendment protection is not limited to speech with a "legitimate purpose". For example, much of the #MeToo movement involves "naming and shaming" powerful men who have engaged in sexual relations with subordinate women. This type of speech is still protected, unless it falls into a category that is traditionally not protected, such as true threats or obscenity.
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Anti-stalking orders
Constitutionally protected activity includes picketing or other organised protests. The D.C. law against stalking makes it a crime to 'purposefully engage in a course of conduct directed at a specific individual'. However, recognising that a law making 'communication' a crime risks the prosecution of speech protected by the First Amendment, the law provides that it does not apply to constitutionally protected activity.
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Frequently asked questions
Constitutionally protected activities include picketing and other organised protests.
A law making 'communication' a crime risks the prosecution of speech protected by the First Amendment.
The #MeToo movement involves 'naming and shaming' powerful men who have sexual relations with subordinate women.
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