General Legal Information Q&A on Freedom of Assembly, "Peaceful Protests," Unlawful Assembly, Riots, Obstructing a Public Roadway, and Other Terms

Q: Is a "peaceful protest" lawful?

A: Yes. The right "peaceably to assemble" is protected under the First Amendment to the Constitution. However, riot, unlawful assembly, failure to disperse, obstructing a public highway, roadway or other thoroughfare, assault, battery, arson, vandalism, destruction of property, theft, robbery, burglary, trespass, loiter, disturbing the peace, disorderly conduct, resisting arrest, obstructing a peace officer, and other unlawful acts are NOT protected under the First Amendment.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

https://www.law.cornell.edu/constitution/first_amendment

Q: Is an unlawful assembly a "peaceful protest?"

A: No. A "peaceful protest" is a demonstration protected under the First Amendment right "peaceably to assemble," that does not involve violence or any criminal offense or civil violation. If a protest breaks the law in any way, shape or form, it is no longer a "peaceful protest," but an unlawful assembly.

"Unlawful assembly: A meeting of three or more individuals to commit a crime or carry out a lawful or unlawful purpose in a manner likely to imperil the peace and tranquillity of the neighborhood."

https://law.jrank.org/pages/11014/Unlawful-Assembly.html

Q: Is a riot a "peaceful protest?"

A: No. While no unlawful assembly is a "peaceful protest," a riot is a violent unlawful assembly, and thus it is inherently the opposite of a "peaceful protest."

"Riot: A disturbance of the peace by several persons, assembled and acting with a common intent in executing a lawful or unlawful enterprise in a violent and turbulent manner."

https://law.jrank.org/pages/9892/Riot.html

Q: Is obstructing a public roadway lawful?

A: No. Obstructing a public highway, roadway or other thoroughfare is unlawful, and any assembly which involves obstructing a public roadway is an unlawful assembly, and not a "peaceful protest."

"Obstructing a highway or creating a condition to make travel unsafe or highly disagreeable are examples of nuisances threatening the public convenience."

https://law.jrank.org/pages/8867/Nuisance-Public-Nuisance.html

Q: If organizers have not obtained a permit, where can a march take place?

A: "If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit. Marchers may be required to allow enough space on the sidewalk for normal pedestrian traffic and may not maliciously obstruct or detain passers-by."

https://www.aclu.org/sites/default/files/field_pdf_file/kyr_protests.pdf

Disclaimer: I am not a lawyer. However, this comment consists of general legal information publicly available on the Internet, and intended for general educational purposes.

General Legal Information Q&A on Freedom of Assembly, "Peaceful Protests," Unlawful Assembly, Riots, Obstructing a Public Highway, and Other Terms

Q: Is a "peaceful protest" lawful?

A: Yes. The right "peaceably to assemble" is protected under the First Amendment to the Constitution. However, riot, unlawful assembly, failure to disperse, obstructing a public highway, roadway or other thoroughfare, assault, battery, arson, vandalism, destruction of property, theft, robbery, burglary, trespass, loiter, disturbing the peace, disorderly conduct, resisting arrest, obstructing a peace officer, and other unlawful acts are NOT protected under the First Amendment.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

https://www.law.cornell.edu/constitution/first_amendment

Q: Is an unlawful assembly a "peaceful protest?"

A: No. A "peaceful protest" is a demonstration protected under the First Amendment right "peaceably to assemble," that does not involve violence or any criminal offense or civil violation. If a protest breaks the law in any way, shape or form, it is no longer a "peaceful protest," but an unlawful assembly.

"Unlawful assembly: A meeting of three or more individuals to commit a crime or carry out a lawful or unlawful purpose in a manner likely to imperil the peace and tranquillity of the neighborhood."

https://law.jrank.org/pages/11014/Unlawful-Assembly.html

Q: Is a riot a "peaceful protest?"

A: No. While no unlawful assembly is a "peaceful protest," a riot is a violent unlawful assembly, and thus it is inherently the opposite of a "peaceful protest."

"Riot: A disturbance of the peace by several persons, assembled and acting with a common intent in executing a lawful or unlawful enterprise in a violent and turbulent manner."

https://law.jrank.org/pages/9892/Riot.html

Q: Is obstructing a public roadway lawful?

A: No. Obstructing a public highway, roadway or other thoroughfare is unlawful, and any assembly which involves obstructing a public roadway is an unlawful assembly, and not a "peaceful protest."

"Obstructing a highway or creating a condition to make travel unsafe or highly disagreeable are examples of nuisances threatening the public convenience."

https://law.jrank.org/pages/8867/Nuisance-Public-Nuisance.html

Q: If organizers have not obtained a permit, where can a march take place?

A: "If marchers stay on the sidewalks and obey traffic and pedestrian signals, their activity is constitutionally protected even without a permit. Marchers may be required to allow enough space on the sidewalk for normal pedestrian traffic and may not maliciously obstruct or detain passers-by."

https://www.aclu.org/sites/default/files/field_pdf_file/kyr_protests.pdf

Disclaimer: I am not a lawyer. However, this comment consists of general legal information publicly available on the Internet, and intended for general educational purposes.