Free speech & protest

The basics

• The First Amendment limits government at every level: federal, state, and local. It generally doesn't apply to private employers, stores, or websites, which can usually set their own rules.
• Government can set rules on the time, place, and manner of speech, like noise limits, if the rules don't depend on the message. They must be no broader than needed and leave other ways to get your message out.
• Some events need a permit. On the National Mall, for example, groups of more than 25 people generally need a free permit. Rules differ by city, state, and park, so check with the agency in charge.
• A few narrow kinds of speech get little or no protection, such as true threats, speech meant and likely to cause immediate lawbreaking, and obscenity. Offensive or unpopular speech is usually still protected.
• Public school students keep free speech rights, but schools can limit speech that substantially disrupts school or invades others' rights, plus some lewd or school-sponsored speech.

Why it matters to you

Knowing where your rights begin and end helps you speak up safely. Rules vary by place and situation; this is general information, not legal advice.

Myth vs. fact

What you can do

• Before a protest, check whether your city, state, or park requires a permit, and follow posted rules.
• Read your student handbook to learn your school's rules on speech and expression.
• Practice disagreeing respectfully: criticize ideas, and never threaten people.