Home : Free Speech : Right to Protest

Protest and the President
For years, the ACLU has fought the White House policy of shielding the president from dissent. The First Amendment protects the right to free speech, but that right is undermined if protesters can't be heard. More >>
> WV: ACLU Calls Government Settlement in Anti-Bush T-Shirt Case a Victory for Free Speech
> CO: White House Staffers Sued for Ejecting Denver Residents from Bush Event
> NM: Protestors Should be Seen and Heard

Defense Department Shuts Down Pentagon Database on Peaceful Groups
The ACLU applauded the decision of the U.S. Department of Defense to shut down its Threat and Local Observation Notices (TALON) anti-terrorism database. The DoD program, which began in 2003 to house intelligence reports about possible threats to military bases in the U.S., strayed from its intended mission and expanded the database to include reports by local law enforcement agencies and military security personnel about nonviolent demonstrations and anti-war rallies. More >>
> Read the Report: No Real Threat: The Pentagon's Secret Database on Peaceful Protest
> Learn more about the ACLU's efforts to fight government spying

ACLU client Jeff Rank talks about his right to protest case, Rank v. Jenkins

"Congress shall make no law respecting…the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Lawsuit Challenges Unlawful Arrests and Restrictions by Tacoma Police at Port of Tacoma Demonstrations (09/24/2009)
Anti-war activists are pursuing a lawsuit challenging Tacoma Police Department actions that violated their rights at demonstrations at the Port of Tacoma. The suit asserts police conducted unlawful arrests, imposed unconstitutional restrictions, used unreasonable force, and engaged in unauthorized surveillance in order to discourage and prevent peaceful protest.

ACLU Applauds Police Apology to Protesters (08/24/2009)
ST. LOUIS, August 24, 2009--In settlement of an ACLU of Eastern Missouri lawsuit, the St. Louis Board of Police Commissioners has agreed to pay damages and send a letter of apology to four activists. St. Louis police officers violated their first and fourth amendment rights to prevent them from participating in protests at the World Agricultural Forum ("WAF") in St. Louis in May 2003.

Case Dismissed Against Roanoke Protestor Arrested for Watching Television on City Sidewalk (07/10/2009)
Roanoke, VA – A Roanoke General District Court judge today dismissed charges against Katherine Gwaltney, a Hollins University student who was arrested for participating in a public demonstration targeting the nation's obsession with television viewing. The May 14 protest, entitled "Must See TV," involved about 60 individuals taking television sets to the Roanoke City Market, a central plaza in the city's downtown area, and staring blankly at the screens.

ACLU and Amnesty International Settle Lawsuit Stemming From 2003 FTAA Protests (07/01/2009)
MIAMI – The American Civil Liberties Union of Florida and Amnesty International USA today announced that they have entered into a settlement agreement with Miami-Dade County, the City of Miami and individual defendants, effectively ending the lawsuit filed on behalf of Amnesty International by the ACLU in 2006.

ACLU Challenges Defense Department Personnel Policy To Regard Lawful Protests As “Low-Level Terrorism” (06/10/2009)
Anti-terrorism training materials currently being used by the Department of Defense (DoD) teach its personnel that free expression in the form of public protests should be regarded as “low level terrorism.” ACLU attorneys are calling the approach “an egregious insult to constitutional values” and have sent a letter to the Department of Defense demanding that the offending materials be changed and that the DoD send corrective information to all DoD employees who received the erroneous training.

NYCLU Report: Arresting Protest (04/28/2003)

Weise v. Casper - 10th Circuit Brief for Appellees (04/28/2009)

New Mexico Protest - Complaint (01/15/2008)

Rank v. Jenkins - Joint Stipulation of Dismissal with Predjudice (08/15/2007)

Rank v. Jenkins - Complaint (06/28/2007)

Weise v. Jenkins - Complaint (03/15/2007)

ACLU Letter to the Department of Defense Regarding Its Level 1 Anti-terrorism Training Materials (06/10/2009)

ACLU Letter to Congress Urging Members to Vote "No" On the Semper Fi Act (02/26/2008)

ACLU Letter to Congress Urging Opposition to the Animal Enterprise Act, S. 1926 and H.R. 4239 (03/06/2006)

Interested Persons Memo: Section-by-Section Analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "PATRIOT Act II" (02/14/2003)

How the USA PATRIOT Act redefines "Domestic Terrorism" (12/06/2002)

Office of Presidential Advance - Presidential Advance Manual (06/28/2007)

ACLU-NJ SECURES RIGHT TO DISPLAY POLITICAL LAWN SIGNS (01/03/2005)

April 5th, 2004, DOJ OLC Opinion Condoning Controversial FBI Surveillance Tactics (08/16/2004)
The Department of Justice's Office of Legal Counsel issued this previously undisclosed memorandum in support of the FBI's controversial surveillance of peaceful protesters. The memo was issued in response to an internal complaint by a government employee.

USAction Joins Nationwide Lawsuit to Challenge Use of "Protest Zones"; Charges Administration Used Barriers to Silence Anti-Bush Sentiments (09/23/2003)
USAction, a progressive activist organization dedicated to winning social and economic justice for all, represents over three million members in 33 affiliates, with statewide organizations in 23 states. We advocate for affordable healthcare and public education, promoting corporate responsibility and making the country's tax system fairer. We achieve these goals through voter mobilization, public education, legislative lobbying and direct actions, including protests. We firmly believe in exercising our First Amendment rights.

Free Speech Under Fire: The ACLU Challenge to "Protest Zones" (09/23/2003)
List of Plaintiffs

Free Speech Under Fire: The ACLU Challenge to "Protest Zones" (09/23/2003)
Fact Sheet