Protesting is a form of assembly, protected both by the U.S. Constitution and international human rights law. It involves publicly voicing opposition to perceived injustices and advocating for action.

However, there are limits to this right, and it applies specifically to public spaces, not private property1.
Here’s what the Constitution says about the right to peaceful protest:
- First Amendment Protections:
- The First Amendment safeguards various forms of freedom of expression, including the right to peaceful assembly and freedom of association.
- It protects freedom of speech, religious expression, and the press.
- Specifically, it prevents Congress from “prohibiting … the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
- Supreme Court Cases and Changes:
- In the 1969 case of Shuttlesworth v. Birmingham, the Supreme Court upheld the right to protest while allowing limited restrictions.
- The court ruled that any licensing requirement for “free expression in publicly owned places” is unconstitutional unless narrowly defined and objectively applied.
- While cities can deny permits, they must demonstrate a compelling, objective reason1.
Remember, any peaceful protest is lawful under the First Amendment, but breaking the law during demonstrations—such as engaging in violence or blocking traffic—is not tolerated2. 🗽📜

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