New Article: Protesters’ legal rights are up for debate

Danielle Braff, Protesters’ legal  rights are up for debate, ABAJournal (May, 2024)

With protests continuing to unfold across the country, the legal society turns their spotlight to reemphasize what rights these demonstrators do and do not have.

The First Amendment offers broad protection to freedom of association and expression as long as the forum is in a public space, says Irina Tsukerman, a national security and human rights lawyer and president of Scarab Rising, a geopolitical risk strategic advisory in New York. This amendment also protects so-called “hate speech,” unless the hate speech is directly threatening violence or if it incites criminal activity. States also have individual hate speech laws, but under the First Amendment overall, you can’t be prosecuted for your beliefs.

This article further explores the complexities surrounding the rights of protesters in the United States, especially in light of recent demonstrations on various issues like police brutality and pro-Palestinian activism. It highlights the balance between free speech, protected under the First Amendment, and actions that may cross into harassment or incitement of violence.

Read the full article here.