Planning A Protest In Texas? Better Be Sure It’s Legal

Lately there's been a lot of talk about arresting people for "illegal protests". Here's what the 1st amendment says and what you should know about protests in Texas.

The first amendment gives all citizens, in Texas or any other state, the right to "peacefully assemble". You have the most freedom if you hold your gathering in a public place ... a park, public sidewalk, public thoroughfares, outside government buildings, etc. Just don't block access to buildings or inhibit normal business/activity.

If you're on private property, the property owner can regulate you and/or deny you access. As long as you have the owners permission, or you are the owner, the government can't give you any grief.

NOTE: Counter-protesters have the same rights as you so you can't really stop them, unless they're on private property without permission. The cops must treat both sides of a protest equally. You can legally film or take photos of them too, as well as anything in plain view, unless the property owner says no.

What Is An Illegal Protest"?

A protest becomes illegal if/when it becomes violent or "destruction of property" occurs. Trespassing on private property can also get you busted as can blocking roads and/or access to public areas. It cannot be deemed illegal based solely on the issue at hand.

Protesting against an unpopular subject is just as legal as protesting over a popular one. “It can’t be about the content of the speech, because content and viewpoint are protected by the First Amendment” - star-telegram

Where Can You NOT Protest?

Texas does limit protest locations. For example, you cannot protest within 1,000 feet of a funeral service from 3 hours before it starts to 3 hours after it ends. Certain sites, like oil pipelines or construction areas are off limits and you can't block public roadways, sidewalks, public passageways or emergency routes. Loud or disruptive noise is a no-no.

Are College Campuses Legal Protest Sites?

As of 2019, yes. Public, keyword - "public", university campuses have been declared "traditional public forums" for use by anyone: students, staff members or anyone from the area.

As long as none of the things deemed illegal occur, you're good but you may have to follow some university guidelines as to when, where, how long, etc. Read what to do if you feel your right shave been violated here.