Whether you are planning a city-wide march to combat breed-specific legislation or you are picketing on sidewalks to oppose puppy mills, it is important to protect yourself from the potential consequences of a protest.
Follow all rules and regulations
While the First Amendment prohibits restrictions upon the content of speech, it does not protect all speech in all contexts, nor does it protect illegal acts. Wearing costumes and holding candlelit vigils are acceptable during a protest. Forming human barricades, disrupting traffic and vandalizing are not.
Permits
It may be necessary to obtain a permit, as permits can include certain non-discriminatory and "time, place and manner" restrictions on the exercise of First Amendment Rights. In the interest of public safety, government authorities may determine the marching route or the allowed volumes for sound devices at a protest. The government cannot deny a permit to prevent a controversial or unpopular protest from occurring.
Public sidewalks
Permits are not typically required on public sidewalks, but police may request that protesters move to create walking space for passersby and to avoid blocking business entrances. Police cannot force protesters to leave a particular public sidewalk if enough space has been provided and the protest is non-violent.
Flyers
In some cities, flyers left on cars or the seats of subway trains are considered litter, exposing the person distributing and/or the organization listed on the flyer to fines. Hand-to-hand distribution of flyers may avoid these types of ordinance violations.
Private property
Obtain permission from the owner to avoid accusations of trespass. Even if your protest is in a private area that might be considered "public," (such as the public spaces within a large shopping center) the property owner may still subject protesters to reasonable regulations.
Stick to the facts
Promoting animal welfare legislation and/or opposing specific government bans are fair game, especially where the information was obtained from public sources (such as government reports, pending legislation, Freedom of Information Act requests, etc.). Although you may suspect the pet store on your block is purchasing puppies from a puppy mill, without proof it is best to stick to verified facts. Private companies and persons can bring suit over the content of your speech. Certain private entities have been known to file "slap suits," or baseless defamation suits aimed at quieting protesters, even where cited actions have been documented as true, which is why most animal welfare organizations rigorously examine the truth behind factual information cited against a private entity, because it is necessary to their legal defense.
Bring a video camera
Documenting the protest with a video camera may be the best way to prove that all laws were followed and no untrue statements were uttered during the protest. It is a good idea to check the Municipal Code for ordinances that may pertain to your protest. If updated versions of these laws are not readily available, contact City Hall for relevant code sections. If you have obtained permits, are on public property and have followed the local laws and regulations, then the police and local authorities may not impede your peaceful protest - no matter how disturbing your message may be to passersby. Also, by sticking to the verified facts, you will be prepared in the event of an unfounded "slap suit."
For more information: Anna Morrison-Ricordati AMR Law Group, LLC 30 S. Wacker Dr., Ste. 2200 Chicago, IL 60606 (312) 466-7660 www.amrlawgroup.com
