Omar Bennett
The right to protest is protected by the U.S. Constitution and the Texas Constitution. The First Amendment of the U.S. Constitution states that Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble. The Texas Constitution, in Article I, sections 8 and 27, protects the liberty to speak, write or publish...opinions on any subject, and the right...to assemble. However, there are limitations to these rights, such as the need to respect order and legal processes, and to be persuasive and respectful towards others.
| Characteristics | Values |
|---|---|
| Protects the right to free speech | The First Amendment states that "Congress shall make no law ... abridging the freedom of speech, or of the press" |
| Protects the right to peaceably assemble | The First Amendment states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble" |
| Protects the right to petition the government | The First Amendment states that "Congress shall make no law ... abridging ... the right ... to petition the Government for a redress of grievances" |
| Protects the right to protest regardless of its popularity or controversial nature | The Texas Constitution, in Article I, sections 8 and 27, protects the "liberty to speak, write or publish ... opinions on any subject" |
| Allows for limitations on protests | The First Amendment does not protect otherwise criminal actions like physical attacks, trespassing, or property destruction |
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What You'll Learn
- The First Amendment protects the right to free speech and peaceable assembly
- Limitations on protests include the need to respect order and legal processes
- The Constitution does not support the notion that there is no wrong way to do the right thing
- The right to protest is protected by both the U.S. Constitution and the Texas Constitution
- The Supreme Court has held that the First Amendment protects the right of the people to gather in public places for social or political purposes
The First Amendment protects the right to free speech and peaceable assembly
While the First Amendment protects the right to free speech and peaceable assembly, there are some limitations on what protesters can do. For example, speech protections do not shield otherwise criminal actions such as physical attacks, trespassing, or property destruction. Additionally, there are "time, place and manner" restrictions that allow governments some leeway in regulating the actions of protesters to advance interests in controlling crowds, preventing harm to spectators, and protecting property.
The Constitution also stands for the proposition that process matters. This means that even substantive rights, such as protections for those accused of committing a crime, are framed in procedural terms. As such, the Constitution does not support the notion that there is no wrong way to do the right thing. Instead, it reflects the reality that to live in a decent, orderly, and peaceful society, we must often wait to see our policy preferences on issues such as climate change, abortion, or foreign policy enshrined in law.
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Limitations on protests include the need to respect order and legal processes
The right to protest is protected by the U.S. Constitution and the Texas Constitution. The First Amendment of the U.S. Constitution states that "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble".
However, limitations on protests include the need to respect order and legal processes. While the First Amendment guarantees freedom of speech and peaceable assembly, there are significant limitations on what protesters can do. Protesters must be persuasive and respectful towards others. Speech protections do not shield otherwise criminal actions like physical attacks, trespassing, or property destruction.
The Constitution stands for the proposition that process matters. Even substantive rights, such as protections for those accused of committing a crime, are framed in procedural terms. This means that disruption, anger, lawbreaking and even violence can rarely be justified, even when the cause is important.
These limitations are referred to as "time, place and manner" restrictions, which allow governments some leeway in regulating the actions of protesters to advance interests in controlling crowds, preventing harm to spectators, protecting property and similar concerns.
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The Constitution does not support the notion that there is no wrong way to do the right thing
The First Amendment does not shield otherwise criminal actions like physical attacks, trespassing, or property destruction. There are also "time, place and manner" restrictions that allow governments some leeway in regulating the actions of protesters to advance interests in controlling crowds, preventing harm to spectators, and protecting property.
The Constitution reflects the reality that to live in a decent, orderly and peaceful society, we must often wait to see our policy preferences on issues like climate change, abortion, or foreign policy enshrined in law. While protests have played an important role in shaping American history, from the Boston Tea Party to Black Lives Matter, the right to protest is not absolute and must be balanced with respect for order and legal processes, as well as the rights of others.
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The right to protest is protected by both the U.S. Constitution and the Texas Constitution
The Texas Constitution, in Article I, sections 8 and 27, protects the "liberty to speak, write or publish...opinions on any subject", and "the right...to assemble". These provisions protect your right to march, leaflet, parade, picket, circulate petitions and ask for signatures, and other forms of peaceful protest.
However, it is important to note that there are limitations to these rights. For example, speech protections do not shield otherwise criminal actions like physical attacks, trespassing, or property destruction. Additionally, other constitutional principles can shape protests, such as the need to respect order and legal processes and be persuasive and respectful towards others.
Protests have played an important role in shaping American history, from the Boston Tea Party to Black Lives Matter. The Constitution stands for the proposition that process matters, and even substantive rights, such as protections for those accused of committing a crime, are framed in procedural terms.
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The Supreme Court has held that the First Amendment protects the right of the people to gather in public places for social or political purposes
The First Amendment of the U.S. Constitution protects the right of the people to gather in public places for social or political purposes. This is known as the right to peaceably assemble, and it is a fundamental freedom that has been upheld by the Supreme Court. The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble". This right to assemble is also protected by the Texas Constitution, which goes further to protect the "liberty to speak, write or publish...opinions on any subject".
While the right to protest is protected, there are limitations. The Constitution does not protect otherwise criminal actions, such as physical attacks, trespassing, or property destruction. There are also "time, place and manner" restrictions which allow governments some leeway in regulating the actions of protesters to control crowds, prevent harm to spectators, and protect property. Additionally, other constitutional principles shape protests, such as the need to respect order and legal processes and be respectful towards others.
The right to protest has played an important role in shaping American history, from the Boston Tea Party to Black Lives Matter. Protests are a form of expression and a way for people to march, leaflet, parade, picket, and circulate petitions to express their views, regardless of how unpopular or controversial they may be.
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Frequently asked questions
The First Amendment of the U.S. Constitution states that “Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble". The Texas Constitution also protects the "liberty to speak, write or publish … opinions on any subject”.
The First Amendment also protects the right of the people to gather in public places for social or political purposes, but this has to be "peaceable". There are also "time, place and manner" restrictions which allow governments some leeway in regulating the actions of protesters.
Speech protections do not shield otherwise criminal actions like physical attacks, trespassing, or property destruction.
The Constitution stands for the proposition that process matters. Some argue that disruption, anger, lawbreaking and even violence can be justified when the cause is important enough, but this is rarely true and our Constitution reflects that reality.
