First Amendment: What are the free speech rights for 'No Kings' protesters in Florida?

Yahoo

2 days ago

Protesters hitting the streets this weekend in Florida do have free speech rights to back them up, yet Florida laws may pose a head-on challenge during "No Kings Day" protests.
First Amendment advocacy groups and attorneys warn protesters nationwide that, at the anti-ICE raids protests, they're protected with free speech and the right to assembly, but escalations past that aren't covered.
Florida Gov. Ron DeSantis made that clear in the week leading to the "No Kings" demonstrations. He said state law enforcement is ready, and that people who resort to violence or rioting won't be tolerated.
Here's what to know about free speech rights at Florida protests:
Protesters are protected by First Amendment free speech and assembly rights, but the law may not be on their side if tensions escalate.
In 2021, Florida passed an "anti-riot" law that defined what a "riot" is and required that someone arrested for unlawful assembly be held without bail until their first court appearance.
Statewide warnings leading into the protests have hammered home the consequences of violence and unrest.
"If you throw a brick, a fire bomb, or point a gun at one of our deputies, we will be notifying your family where to collect your remains, because we will kill you, graveyard dead," Brevard County Sheriff Wayne Ivey said.
In a podcast interview, DeSantis even said that if protesters surround a car, that drivers would not be at fault if they hit people blocking roadways.
"You have a right to flee for your safety," DeSantis said. "So if you drive off and you hit one of these people, that's their fault for impinging on you."
Pensacola attorney Eric Stevenson said that holding signs, chanting or speaking publicly are all permissible and protected by the First Amendment.
Stevenson clarified that protesters should still be safe and "aware of the surroundings," because violence and unrest may come forth if, to put it plainly, somebody gets in another person's face.
"They need to make sure that the protest stays peaceful, even if people are antagonizing them," Stevenson said.
Yet location truly matters in free speech rights, too.
Stevenson said protesters are limited to where they can protest, since they need to stay away from private property and off of roadways. Public property is OK for protests under the First Amendment.
Generally, public property includes spaces owned and maintained by the government, such as sidewalks, parks, streets, and public squares, though time, place and manner restrictions may apply. They may include ones on noise and crowd size.
"No Kings" Day falls on June 14, when organizers have planned a series of more than 2,000 protests across the county in a "nationwide day of defiance" against the Trump administration.
June 14 is Flag Day and also Trump's 79th birthday, and it's also when a military parade in Washington celebrating the U.S. Army's 250th birthday will take place.
More than 75 protests are planned across Florida. These come after protests escalated in the greater Los Angeles area, stemming from multiple U.S. Immigration and Customs Enforcement warrants executed in the city.
Videos spread widely on social media of people throwing things at law enforcement and others, setting off fireworks and blocking buses.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at [e-mail]. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: What to know about free speech rights at Florida 'No Kings' protests