Free Speech Being Prevented

[butterNUT]

What is the name of your state? NM

Background: My city council will be voting on legislation that I do not support. I want to stand in front of the city office building and have a demonstration with a few of my supporters. I was told that I had to have a permit. I filled out the paperwork and it was denied by the mayor. There was no reason given, but the message was clear. The mayor supports the legislation and wants it to pass.

Question: Is this constitutional? Doesn’t the first amendment mean that I have a right to speak on public property? What should I do now?

[tranquility]

The government can set reasonable restrictions on the time, place and manner of expression. However, they must allow for some ability to express it. First amendment litigation is not for amateurs. It is hard and expensive and there are many subtle difficulties. Write a letter to the editor of the paper. Don't accuse the mayor of anything other than what you *know* to be provably true.

"I don't like the legislation. I applied for a permit to protest. The permit was denied. The denial was signed by the mayor who is in favor of the legislation."

The paper will take up your cause, the ACLU will see it and take interest, the public will rise up in anger and the situation or you will find no help and will need to front thousands to an attorney to initiate legal proceedings. (That's not to say the government did something wrong. I don't have enough knowledge to say anything other than "yea, that may be illegal".)

[Ronin]

As these things go, exercising ones rights to free speech occasionally requires pushing the limits of those that would prefer to suppress it.

An approach often used is to just show up with posters in hand for a peaceful demonstration. Much better if you can talk a media person into being present or at least have someone video-tape it as a CYA measure. If you are warned by police to stop your protest or face arrest, then by all means stop and call it a day, unless the issue matters enough to get arrested for.

If you are cited or ticketed for a conducting a peaceful protest against City Hall, that might get the attention of the local news media or ACLU more so than a simple denial of a request to protest.

[quincy]

And, if you can hold off until the tear gas and tasers arrive, it makes for a great story on the 6 o'clock news.

(I am not being serious, by the way)

[tranquility]

As ronin suggests civil obedience is an opton that has been used through our history. The problem is that you will be arrested and will need to fight the arrest in court. Unless you *really believe* in your cause, that seems a bit extreme to me for this instance. Must be a heck of a civil ordinance.