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Rights of Protesters. The right to join with fellow citizens in protest or peaceful assembly is critical to a functioning democracy and at the core of the First Amendment. Unfortunately, law enforcement officials sometimes violate this right through means intended to thwart free public expression.
The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not. The First Amendment states, in relevant part, that:reedom of speech includes the right: 1  Not to speak (specifically, the right not to salute the flag). 2  West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). 3  Of students to wear black armbands to school to protest a war (âStudents do not shed their constitutional rights at the schoolhouse gate.â). 4  Tinker v. Des Moines, 393 U.S. 503 5  ... To