Ka Wai Ola - Office of Hawaiian Affairs, Volume 18, Number 3, 1 Malaki 2001 — ACLU offers advice on your right to protest [ARTICLE]

ACLU offers advice on your right to protest

Text courtesy of the ACLU. The American Civil Liberties Union (ACLU) of Hawai'i realizes that individuals may want to participate in activities in response to the Rice v.s. Cayetano United States Supreme Court decision. The ACLU is providing, as a public service, this brochure about your right to protest. The First Amendment of the Bill of Rights, part of the United States Constitution, protects the right of all voices to be heard as well as the right of the people to gather peacefully and ask their government to take action regarding their concerns. Courts have said government ean set some rules regulating these activities if it is necessary to protect public safety or prevent major conflict in the community. This brochure does not answer all the questions regarding - speech and protest rights but is only a general guideline. Contact the appropriate government agency for rules about the use of specific areas. If you feel your rights have been violated, eall the ACLU at 808.522.5900. 1. What speech activities are protected by the First Amendment? Making speeches, handing out leaflets, rallies, carrying posters, i

demonstrating. 2. Where ean we pass out leaflets or hold a rally, march or āemonstration ? Generally, on any public sidewalk, park, or other traditional public area. Expressive activity is allowed in these public forums so long as it does not interfere too mueh with the rights and activities of others (example: demonstrators may not block pedestrians or traffic). Government ean regulate how these activities take plaee but not on the basis of their content or message. 3. What is a "public forum?" •A location generally open to the public and used for the eommunication of views on political and social issues (example: streets, sidewalks, parks, public plazas, or the areas outside public auditoriums, stadiums, courts, and legislative buildings). • Where the activity does not overly interfere with the normal use of the location. • A location related in some way to the activity, such as being the actual or symbolic target of the protest. (Example: unemployed workers marching around the unemployment office). Note: Courts have ruled that certain puhlie forums ean be closed to

all speech activity due to their "special functions," such as a military base. A location may also allow leafleting but may prohibit other activities such as rallies or picketing. 4. What about schools, universities and lobbies of puhlie buildings ? Lobbies are not always open to speech activities. However, if they are made available for political campaigning, artistic performances, etc., they must be made available for other similar speech activities. Government ean say "no" to protest activities by non-students on sidewalks, streets or other places near primary and secondary schools while they are in session if they interfere with school activities (too mueh noise, too many people). Most times, protest activities on the public areas of state university property are entitled to broad First Amendment protection. 5. What about private property? If persons engage in speech activities on private property against the wishes of the owner, they may be subject to arrest and prosecution. Please eheek with management of shopping centers and malls prior to engaging in speech activities there. 6. Do we need to get a permit? In some locations, you need to get

a permit before holding rallies or demonstrations that go over a specific number of participants. Courts have said that some permit requirements are permissible to ensure public safety and peacefulness. Permit requirements, however, must be specifīc and eannot distinguish between groups or speakers. Check with loeal government agencies if you need a permit. It you have trouble getting one, contact the ACLU at 808.522.5900. 7. What about marches? Most times, marches are allowed on public sidewalks, streets or other places. Government may regulate the time, plaee and manner of the event to avoid traffic jams, accidents, etc. Please eheek if you need a permit. 8. What should I do if confronted by a poliee officer? First, do not argue. Be courteous. Ask to talk to the officer in charge and explain that you are not disrupting anyone else's activities and that your activity is protected by the First Amendment. If you do not obey an officer, you ean be arrested and taken from the scene. You will not be convicted if a court later says your First Amendment rights were violated. If you are arrested under these circumstances, contact the ACLU at 808.522.5900. ■