The Ways You Can Break the Law by Protesting
The First Amendment isn’t all-encompassing when assembling in Georgia
By S.M. Oliva | Last updated on January 12, 2023Use these links to jump to different sections:
Everyone learned in school that the First Amendment guarantees the freedom of all Americans to protest. Actually, what the First Amendment protects is the “right of the people peaceably to assemble, and to petition the government for a redress of grievances.” But while the Constitution forbids state and local governments from censoring a protest based on the content of its message, various statutes and court decisions do permit the “reasonable” regulation of the “time, place and manner” of assemblies to ensure the public’s safety.Local Event Permitting Laws

- The event is expected to involve 75 or more people;
- The event will travel for more than two blocks on city streets; and/or
- The “moving portion” of the event is expected to last more than one hour.
Georgia’s Anti-Mask Act
Even where a protest itself is lawful, individual protesters may still run afoul of “time, place and manner” restrictions imposed by local law. One of the more notable restrictions in Georgia is the Anti-Mask Act, which makes it a misdemeanor to wear a “mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer” while on a public road or other public property. Although the Georgia legislature adopted the Anti-Mask Act in the 1950s to address the specific problem of hooded Ku Klux Klan demonstrators, it has been applied to protesters regardless of their racial and political views. In fact, in April 2018, Georgia police invoked the Anti-Mask Act to arrest several individuals who were counter-protesting against neo-Nazi and other racist demonstrators. Once again, the law does not—and cannot—discriminate based on the political views of the speaker. Indeed, one issue that frequently arises with peaceful protests is the presence of counter-demonstrators who oppose the protesters’ message. Of course, the First Amendment rights protect everyone’s right to assemble and freedom of speech equally. But keep in mind that no matter how offensive you might view a protester’s view, you do not have a legal right to physically disrupt someone else’s protest. That said, you are free to organize and participate in a counter-demonstration consistent with local time, place and manner restrictions. If you believe your rights have been violated, reach out to a reputable civil rights attorney. For more information on this area of law, see our civil rights overview.What do I do next?
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