Time, Place and Manner

• Published in: FBI law enforcement bulletin Vol. 76; no. 5; p. 20-32
• Main Author: King, Martin J
• Format: Magazine Article
• Language: English
• Published: Washington United States. Federal Bureau of Investigation 01-05-2007
• Subjects: Assembly, Right of; Censorship; Communication; First Amendment-US; Freedom of speech; Law enforcement; Politics; Protests, demonstrations, etc; Public policy (Law); Public safety; Restrictions; Terrorism, Prevention; U.S., Constitution, 1st Amendment
• ISSN: 0014-5688; 1937-4674

"Freedom of speech and the right of the people peaceably to assemble are specifically guaranteed by the First Amendment to the U.S. Constitution. Protest activity falls squarely within the First Amendment's guarantees of freedom of speech and assembly. An event, activity, or meeting having political, ideological, or social significance might hold an equal attraction to a peaceful protestor as it would to a potential terrorist or anarchist. Thus, the dilemma, long faced by law enforcement but now exacerbated by the omnipresent threat of terrorism, is how to effectively exercise control over such events, which often involve large gatherings of people, in the interest of preserving public order and safety without trammeling the First Amendment rights of protesters. This article examines how courts have recently reconciled security-based restrictions with the right to protest." (FBI Law Enforcement Bulletin)