Mass Defense Brief Bank
The materials available on this page are offered to help lawyers and activists exercise and protect their First Amendment rights to engage in all types of expressive activity.
These materials are not intended as legal advice. First Amendment rights are not always absolute and, depending upon when and where you want to exercise your rights, may be subject to what the United States Supreme Court describes as
"reasonable time, place, or manner regulations." While the federal Constitution sets a floor on the protection of First Amendment rights, you need to be aware of any local laws restricting expressive activity as these may or may not pass muster as reasonable time, place or manner regulations.
In the headings below, to make it fast and simple, we used the term "police." In your jurisdiction, you may be dealing with other law enforcement agencies, such as a Sheriff or federal police, or other government officials, such as the City Manager.
Most of the information below pertains to laws common to states, municipalities and counties. Although much of this law is also applicable on federal property, there is an additional section for exercising your rights on federal property.
I. Access to public places for expressive activities:
