What does the 1st Amendment cover when it comes to protesting? Know your rights in Louisiana
Under the First Amendment, all individuals in the U.S. have the right to free speech and assembly, meaning everyone has the right to express their views in the form of protests.
This also means that everyone has the freedom to critique the president, Congress, government agencies, or the chief of police, without any fear of potential retaliation.
Individuals who are protesting have the right to assemble peacefully, express their views and advocate for change in public spaces, such as streets, sidewalks and parks.
However, these rights can be subject to some restrictions. Government officials and entities, including law enforcement, are allowed to place certain restrictions when it comes to exercising free speech rights.
Generally, protesters can assemble in traditional public forums, as long as traffic is not obstructed. This means that protesters may not block access to government buildings or interfere with other public uses of property.
Additionally, in Louisiana, protesters may be restricted from protesting within 50 feet of a residence if their activity threatens to disrupt the resident's use of their home, according to US Protest Law Tracker. However, the government cannot restrict your speech if it's taking place on your property or if the property owner has given consent.
Law enforcement is charged with safeguarding the public during a protest, but the police cannot prohibit individuals from excising their free-speech rights. As long as protesters observe reasonable time, place and manner restrictions, law enforcement cannot break up a gathering, unless there is an imminent danger of a riot, disorder, traffic interference or a threat to public safety, says ACLU Louisiana.
While the First Amendment upholds the right to free speech, the First Amendment does not shield you from engaging in libel, slander, obscenity or speech that is a "true threat" to imminent violence or breaking the law. A "true threat" is considered a statement that a reasonable person would interpret as a serious expression of an intent to commit an act of unlawful violence to a particular individual or group, says ACLU Louisiana.
As a protester, it's also important to note that you are not responsible for how counter-demonstrators react to your speech. While counter demonstrators have the right to protest as well, it is law enforcement's responsibility to control the crowd.
Presley Bo Tyler is a reporter for the Louisiana Deep South Connect Team for Gannett/USA Today. Find her on X @PresleyTyler02 and email at PTyler@Gannett.com
This article originally appeared on Shreveport Times: What are my rights as a protester in Louisiana? First Amendment rights
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