As protests for many causes crop up on college campuses across the country, students are grappling with strong feelings on important issues, and where and how to express them. Recent protests, including at Indiana University itself, have controversially led to arrests. Students may question what rights they do and do not have, and how they can assert them, whether they plan to join a protest, organize one, or document one (such as with video).
The right to protest is enumerated in the Constitution, specifically the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The First Amendment prescribes close to unlimited free speech rights to say or write whatever you want, regardless of who objects to it. The right to ‘assemble peaceably’ is also crucial to protests. Aspects of the First Amendment have been repeatedly tested in the courts, and the limits are usually narrow. You can’t incite others to illegal activity, for instance, nor do you have the right to publish something in a college’s student newspaper if the leadership of that college objects to it (although students can still self-publish material freely, such as in pamphlets or on a personal blog).
Free speech rights include wearing what you want (such as armbands, bracelets, or shirts with inflammatory slogans), saying what you want (including the use of profanity and offensive words), engaging in performative ‘symbolic’ speech (such as defacing a book or burning a flag), and supporting others who protest (such as by financial donations or making signs). One major limit is that you cannot refuse the participation of counter-protesters. Their free speech rights are the same as yours. Whatever cause you are protesting for, your opponents do not have the right to silence you. And in turn, you do not have the right to silence them in championing the opposite cause. State officials, such as police, are required to treat factions equally and cannot take a side. They may try to separate antagonistic groups for safety reasons, but they will allow opposing groups to be close enough to see and hear each other.
The right to peaceable assembly is equally broad, whether on the personal property of one of the protesters or on public ground. Public places like these could be sidewalks, Glen Miller Park, in front of the Wayne County Courthouse or Police Station, or the Quad at IU East. You can also record or document anything that happens out in the open in these spaces freely. What you cannot do is interfere with the function of the property. You can’t blockade the Mayor’s office or Whitewater Hall so no one can enter, or prevent classes from occurring. You also can’t protest (or take recordings) on private property, without the consent of the owner. The Mayor’s house, or the Chancellor’s house, are off limits and protesting in places like that constitutes trespassing, likely resulting in arrest.
If you are organizing a protest, you do not need a permit to appear in those spaces (police may require you to allow pedestrians to pass along a sidewalk, for example, but not much more). Permits are necessary for any march that will require closing a road, or rally that requires sound equipment to be set up. You would apply for a permit from the Police Department, using the same process as you would for arranging something like a Veteran’s Day parade. An exception to permitting requirements is a protest in immediate reaction to breaking news, for which you cannot obtain a permit in time.
Of course, if someone at the protest moves from peaceable assembly to committing crimes (vandalism, assault, etc.) the police may call for the protest to disperse, as they arrest lawbreakers. No criminal activity is protected by the First Amendment. The police are allowed to break up a demonstration if there is a threat to public safety from a clear and present danger. They must give protesters clear notice of this order – when you must leave by, what path to leave through, and what the consequences will be for non-compliance. In interactions with law enforcement, don’t physically resist and keep your hands in sight. Ask if you are free to leave, and if you are, do so. You do not have to consent to searches of your belongings or review of whatever pictures you have taken without a warrant. If you are arrested, you can request an attorney. If you cannot afford one, you may wish to look into attorneys who take cases pro bono in Indiana. If you can, write down relevant information like the officer’s badge or patrol car number.
For a more comprehensive look at protester rights and resources, the National and Indiana branch of the ACLU have put together guides.
The library has a number of books relating to student protests, as well. For those interested in learning about the history of protest at Indiana University, books like Dissent in the Heartland: The Sixties at Indiana University by Mary Ann Wynkoop or Prairie Power: Voices of 1960s Midwestern Student Protest by Robbie Lieberman are ideal. For information about the act of protesting, books like Participation and Non-Participation in Student Activism: Paths and Barriers to Mobilizing Young People for Political Action by Alexander Hensby, We Demand: The University and Student Protests by Roderick A. Ferguson, American Student’s Freedom of Expression: A Research Appraisal by E.G. Williamson, and Sites of Protest by Stuart Price are available.
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