Protest Speech

Can the police prohibit peaceful demonstrations and pickets in support of lesbian and gay rights?

No. Such activity may not be prohibited, but it may be regulated, so long as the regulation is applied to all demonstrations and picket lines equally and without regard to the view-point being expressed. A city or state may establish rules for demonstrations so long as they are narrowly tailored to promote legitimate (i.e., noncensorious) public concerns, such as traffic flow. 31 Regulation is permitted as to the time, place, and manner in which demonstrations may occur. The police may, for example, limit the number of pickets in a congested area.32 One test for the reasonableness of such regulations is whether the demonstrators are left with ample other opportunities for expressing their message.

Can the police require that protesters secure a permit prior to a demonstration or march?

Yes, so long as the criteria for the issuance of such permits are clear, neutral, and are equally applied to all applicants regardless of the point of view of the demonstration.33

Does the right of free speech protect persons who wear gay rights badges or buttons?

Yes. Wearing items such as armbands and buttons is a form of expression called symbolic speech. Symbolic speech is an act that, although not necessarily exclusively speech, is nonetheless a public expression of belief or opinion, and it comes within the protection of the free-speech clause of the First Amendment.34