Your rights when you organize

1. You can gather peacefully in public places

Streets, sidewalks and parks have long been treated as places where people may gather and speak. The government can regulate that use but cannot shut it off.

• Source: U.S. Constitution, First Amendment: "the right of the people peaceably to assemble"
• Source: Hague v. CIO, 307 U.S. 496 (1939)
• Source: Illinois Constitution, Article I, Section 5: the right to assemble in a peaceable manner

2. The government can set the time, place and manner, but not pick the message

Rules about time, place and manner are allowed if they do not depend on the message, are narrowly tailored to serve a significant government interest, and leave open ample other ways to communicate.

• Source: Ward v. Rock Against Racism, 491 U.S. 781 (1989)

3. A permit fee cannot depend on what you are saying

An official cannot charge more, or decide whether to grant a permit, based on the message or on how hostile the crowd might be to it.

Limit: whether you need a permit at all is set by your city. Outpost cannot tell you your city's rule. Ask the city clerk or the office that issues special-event permits.

• Source: Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992)

4. You can hand out leaflets on public sidewalks

A city cannot ban leafleting on public streets just to keep them clean.

• Source: Schneider v. State, 308 U.S. 147 (1939)

5. You can hand out leaflets without your name on them

A state law banning all anonymous leaflets about public issues was struck down.

Limit: election materials about candidates can still require a "paid for by" line under federal and state campaign-finance law.

• Source: McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)
• Source, federal: 52 U.S.C. § 30120 (disclaimers on election communications)
• Source, Illinois: 10 ILCS 5/9-9.5 (disclosures in political communications)

6. You can knock on doors without first registering with the town

A town ordinance requiring a permit before going door to door to talk about a cause was struck down. A resident can still post "No Solicitation" or ask you to leave, and you must go.

• Source: Watchtower Bible & Tract Society v. Village of Stratton, 536 U.S. 150 (2002)

7. A private owner can tell you to leave

The First Amendment limits the government, not private owners. A privately owned shopping center does not have to allow a protest on its property under the U.S. Constitution.

• Source: Hudgens v. NLRB, 424 U.S. 507 (1976)

8. In Illinois, you can record police doing their job in public

Illinois law says it is not an offense for someone who is not a police officer to record an officer performing their duties in a public place, or where the officer has no reasonable expectation of privacy. An officer may still take reasonable action to keep people safe and to secure a scene.

• Source: 720 ILCS 5/14-2(e)

9. Students keep their right to speak at school

Students may express views at school unless it would substantially disrupt school or invade the rights of others.

Limit: schools can still restrict lewd speech, speech promoting illegal drug use, and school-sponsored publications.

• Source: Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)
• Source, lewd speech: Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)
• Source, illegal drug use: Morse v. Frederick, 551 U.S. 393 (2007)
• Source, school-sponsored publications: Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

10. Most private-sector workers can act together about their jobs

Federal law protects most private-sector employees who act together for "mutual aid or protection", for example talking with co-workers about pay or conditions. It does not cover everyone: government workers, supervisors, farm workers and independent contractors are among those outside it. Railroad and airline workers are covered by a different law, the Railway Labor Act.

• Source: 29 U.S.C. § 157 (National Labor Relations Act, Section 7)
• Source, for who is outside it: 29 U.S.C. § 152(2) and (3)
• Source, railroad and airline workers: Railway Labor Act, 45 U.S.C. § 151 and following

11. A peaceful boycott is protected. Violence and threats are not

The Supreme Court held that a nonviolent boycott for political, social and economic change is protected expression. The same case held that violence and threats are not protected.

Limit: labor unions have separate federal rules on boycotting businesses other than their employer.

• Source: NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982)
• Source: 29 U.S.C. § 158(b)(4)

12. True threats are never protected speech

A true threat is a serious statement of intent to commit unlawful violence against a particular person or group. It is not protected. The speaker does not have to mean to carry it out; it is enough that they knew others could take it as a threat and said it anyway.

• Source: Virginia v. Black, 538 U.S. 343 (2003)
• Source, for "knew and said it anyway" (recklessness): Counterman v. Colorado, 600 U.S. 66 (2023)

13. There is no right to block streets

Cities may keep streets open for traffic. Assembly does not carry a right to block a street or the entrance to a building, or to occupy private property.

• Source, streets and entrances: Cox v. Louisiana, 379 U.S. 536 (1965), at 554–555
• Source, private property: Hudgens v. NLRB, 424 U.S. 507 (1976) (see point 7)

14. You can petition the government

The right to petition the government for a redress of grievances is in the First Amendment and the Illinois Constitution. A petition is speech. It does not force an official to act unless a specific law says it does and its requirements are met.

• Source: U.S. Constitution, First Amendment
• Source: Illinois Constitution, Article I, Section 5