Guide · Civil Rights
Speech, Assembly, and Protest: A Comprehensive Guide to Forums, Permits, Policing, and Remedies
29 U.S.C. § 794
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-02-21
- Topic
- Civil Rights
This guide covers the law governing speech, assembly, and protest, organized around the two questions that decide nearly every case: whether the actor is the government, and where the speaker is standing. Part one covers state action and its edges. Part two sets out the forum framework and the categories of government property. Part three covers content neutrality, the levels of scrutiny, and the doctrines of overbreadth and vagueness. Part four covers prior restraints and the rules that make permit schemes valid. Part five covers unprotected categories, including incitement after Brandenburg and true threats after Counterman. Part six covers policing: dispersal orders, mass arrest, recording, and the practical limits of remedies. Part seven covers specialized settings — schools, universities, public employment, private property, and online platforms. Part eight covers claims, defenses, and remedies under Section 1983, and part nine supplies checklists for organizers, individuals, and government officials.
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