College Student and Going to A Campus Protest? What to Know.
Under the U.S. Constitution, everyone has a right to protest. This includes college students, but students need to be aware of how to lawfully protest to avoid criminal charges.
Criminal charges differ from campus disciplinary action, although some criminal charges may trigger disciplinary action. Criminal charges, if they lead to a conviction, can result in probation, fines, and even jail time. They can have serious implications for a student’s entire life.
Knowing how to protest lawfully allows students to exercise their rights without affecting their future. If you are facing criminal charges related ot a protest, the LLF Law Firm Criminal Defense Team can help. Call us at 888-535-3686 or fill out our online form.
Criminal Activity
Protected speech doesn’t cover criminal activity. Protests also don’t suspend laws. Property destruction, trespassing, and other offenses can still result in criminal charges. Disrupting events, especially when it infringes on others’ Constitutional rights, may also result in criminal charges.
Even threats of violence may result in criminal charges. Known as terroristic threats in Pennsylvania, any threat of violence when the speaker had the intent to harm another can result in charges.
The key with any protest is to keep it peaceful and lawful.
Public versus Private Campuses
Public campuses are public property, meaning they’re required to follow the U.S. Constitution and the Pennsylvania Constitution. Private campuses, as private property, may have policies that allow free speech but can be more restrictive.
Content-Neutral Regulations
All colleges and universities can regulate public events as long as the policies apply equally and regardless of the subject. College campuses can have time, place, and manner restrictions.
For example, a college campus may ban loud music and amplified sound near libraries during finals. This would likely be allowed because it’s limited in time and area and applies to all groups.
In comparison, a public university bans a rally for the Steelers on a Saturday at 11 am but allows a rally for the Eagles at 1 pm. This would likely not be allowed as it’s a content-based restriction.
Why content-neutral regulations for protests are relevant for students is that they may face criminal charges in situations when a school has content-neutral restrictions on gatherings and students ignore them. In some cases, schools may have overly restrictive policies that students are protesting.
Civil Disobedience
When they disagree strongly with a law or policy, students may choose to engage in civil disobedience as a form of protest. Civil disobedience is unlawful, nonviolent conduct to protest against laws or policies. Students should be aware that civil disobedience opens them up to the possibility of arrest and potential criminal charges.
The LLF Law Firm Criminal Defense Team assists our clients in defending against protest-based criminal charges.
Protect Your Rights
You have a right to protest. You don’t lose your right to protest because of the school you attend or because your political beliefs deviate from the school’s or the administration’s.
If you’re facing criminal charges related to protests, the LLF Law Firm Criminal Defense Team can help. Call us at 888-535-3686 or fill out our online form.