ACLU of Illinois

Can the City of Chicago bar all protests?

Allie — Thu, 15 Mar 2012 20:06:55 +0000

No, the right to protest in public places is a fundamental right protected by the United States and the Illinois Constitutions. The protection of this right extends to large groups with hundreds of supporters and massive organization, as well as small, community based groups, and also solitary, individual protesters. You cannot be denied the right to protest because of the nature of your message. You may have to secure a permit in order to protest in some spaces and you can be denied the right to protest in a fashion that blocks or disrupts vehicle or pedestrian traffic.

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Can I protest on the public sidewalk?

Allie — Thu, 15 Mar 2012 20:06:31 +0000

Yes. Groups or individuals can protest on a public sidewalk without a permit if they do not block the flow of pedestrian traffic, access to a building, or cars in the area. If the group protesting is large enough to disrupt pedestrian traffic, the City of Chicago requires a five (5) day notice for the demonstration, unless the protest is in response to some breaking news. You cannot protest in front a particular home. Groups of less than fifty persons also can protest in a Chicago park without a permit.

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When do I need a permit? What if I cannot afford the cost of the permit?

Hope — Thu, 15 Mar 2012 20:05:17 +0000

You’ll need a permit for a parade through the streets or a large protest in one of the City’s iconic plazas or parks, unless the gathering is a response to breaking news. Permit and other fees cannot be so excessive that they stifle speech. For example, if a group is too poor to purchase insurance, or too controversial to obtain insurance after reasonable efforts, the City must make exceptions from its ordinary rule requiring certain protests to have insurance.

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Can protestors block traffic or entrances to a building to draw attention to their cause?

Hope — Thu, 15 Mar 2012 19:58:05 +0000

No. While you have a right to free expression, others not involved in your protest have a right to move freely around the City and into buildings and facilities. Chicago ordinances bar the blocking of buildings and obstruction of car traffic.

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Can we talk to people passing by our protest?

Hope — Thu, 15 Mar 2012 19:57:12 +0000

Yes. Protestors can speak with pedestrians passing by a protest and offer leaflets. But harassment is not permitted. You cannot block a person walking on a sidewalk and force them to listen to your message.

Can we use amplification to make sure that our message gets heard?

Hope — Thu, 15 Mar 2012 19:54:36 +0000

Yes. If you have a permit for a public space, the permit will include information on amplification equipment you can use. For sidewalk demonstrations without a permit, the rule in Chicago is that loudspeakers or bullhorns cannot be louder than an ordinary conversation at a distance of 100 feet.

What is disorderly conduct? Can I be arrested for disorderly conduct?

Hope — Thu, 15 Mar 2012 19:52:09 +0000

When protestors are arrested, it is most often for disorderly conduct. This “catch-all” category includes blocking traffic, harassing pedestrians, blocking entrance to a building, or making noise in residential area in the middle of the night. One form of disorderly conduct prohibited by Chicago ordinance is the failure to obey an order from police to “disperse,” or leave a particular area, in the vicinity of other people committing disorderly conduct. The ACLU believes that the First Amendment would be violated by the application of this ordinance provision to lawful demonstrators who failed to obey a dispersal order resting solely on the proximity of three law breakers, for example, where a crowd of lawful demonstrators contains a small number of persons who are throwing rocks at police or windows.

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Are there other ways a protestor might be arrested?

Hope — Thu, 15 Mar 2012 19:51:40 +0000

Yes – obstructing or resisting a police officer; trespassing; vandalism; breaking curfew in a park or on the beach; and others.

Is civil disobedience legal?

Hope — Thu, 15 Mar 2012 19:51:12 +0000

Some protestors refuse to comply with certain laws as a means of protest. You can be arrested for engaging in such practices. In Chicago, the act of “going limp” during arrest can be an additional offense – resisting arrest.

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What should I do if police stop or arrest me?

Hope — Thu, 15 Mar 2012 19:50:04 +0000

If the police stop you, stay calm. Don’t run. Don’t argue. Ask if you are free to leave. You have the right to remain silent and you do not have to consent to search of your belongings.

If you are arrested, do not resist arrest – even if you think the arrest is unfair. Tell the officer that you want to remain silent and ask to see a lawyer immediately. You can make a local phone call – but don’t talk about the details of your arrest while on the phone. If you think arrest is possible, make emergency plans in advance with your family and your lawyer.

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