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Protesting in Tennessee: What are your rights?
Rhetoric surrounding constitutionally protected protests, both on the state and national level, has been heated lately. More than 20 Tennessee gatherings are expected June 14, which is President Trump's birthday and the date of a scheduled U.S. Army's 250th anniversary parade.
People may also assemble ahead of the arraignment of Kilmar Abrego Garcia, the Maryland man whose deportation to El Salvador made him a flashpoint regarding Trump's immigration policy. It's scheduled for 10 a.m. June 13 in Nashville.
If you choose to partake in this classic First Amendment activity, here's what you should know about your rights:
More: 'No Kings Day' protests planned for June 14 with aim to reclaim the American flag
Yes. The First Amendment protects the people's right to protest through the enshrined rights of free speech, assembly and petition. However, there are some narrow restrictions on the exercise of these rights that are allowed to be implemented by law enforcement and government officials in the interest of public safety.
Rarely, though it can depend on your location.
There is a First Amendment principle commonly known as the 'public forum doctrine,' which divides most government property into three categories: traditional public forums, limited public forums and nonpublic forums.
Most protests occur in traditional public forums, which includes locations like public parks, public sidewalks and areas usually open for expressive activity. Former Supreme Court Judge Byron White, who is known for defining the borders of speech forums in the case Perry Education Association v. Perry Local Educators' Association (1983), said that in 'quintessential' public forums, 'the government may not prohibit all communicative activity,' and noted that most content-based restrictions in these areas should be viewed with serious caution.
The First Amendment only restricts the actions of the government regarding speech, not that of private individuals, organizations or businesses.
If you are in a public space, you have the right to video and photograph anything within plain view, including law enforcement, federal buildings and fellow protesters.
If you are audio recording in public, there is generally an understanding that there is no expectation of privacy.
However, you should be aware of your state's laws regarding consensual audio recording. While a majority of states favor one-party consent for audio recording, some require two. Tennessee is a one-party consent state. Check your state's law here.
If you enter private property, these First Amendment protections do not apply, and the property owner may set the rules for audio and visual recording.
Some states have laws known frequently as 'halo' laws, which dictate how closely citizens can stand to law enforcement when officers are working.
Tennessee recently passed such a law, which bans standing within 25 feet of a police officer after being told to retreat. It will go into effect on July 1.
Similar buffer-zone laws in Arizona, Louisiana, Florida and Indiana, which have no exception for journalists, have all faced public and legal pushback on First Amendment grounds.
Yes. The Supreme Court ruled in Texas v. Johnson (1989) that burning the American flag is a form of protected speech and expression under the First Amendment, with the Court later affirming in United States v. Eichman (1990) that a federal statute against flag burning would be unconstitutional.
The issue has sparked debate recently after Trump called for protesters who burn the American flag at protests to spend a year in jail.
'They proudly carry flags of other countries, but they don't carry the American flag. They only burn it," Trump said on June 10, while speaking at Fort Bragg in North Carolina. "People that burn the American flag should go to jail for one year. And we'll see if we can get that done."
It's not the first time Trump has made the claim. At a campaign event in Detroit, Michigan in August 2024, he proposed the same punishment, complaining that advisors told him it was unconstitutional.
'They say, 'Sir, that's unconstitutional,'' he said. 'We'll make it constitutional.'
Law enforcement cannot confiscate your phone or camera, nor demand to review its contents, without a search warrant, per citizen's Fourth Amendment rights.
They may ask you to stop videotaping or photographing if the action is legitimately interfering with public safety or law enforcement activities.
Even if you believe officers are violating your First Amendment rights, do not resist or argue with officers.
Instead, calmly assert your First Amendment right to demonstrate while asking if you are free to leave. If you are, leave immediately.
If you are placed under arrest, ask for a lawyer immediately. Do not say or sign anything until a lawyer is present.
The USA TODAY Network - Tennessee's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Have a story to tell? Reach Angele Latham by email at alatham@ by phone at 931-623-9485, or follow her on Twitter at @angele_latham
This article originally appeared on Nashville Tennessean: Protesting in Tennessee: What are your rights?
