Hello and Happy New Year!
Please note the information from the Attorney General, below, on protesting and picketing rights and on associated legal issues. This information is aimed at law enforcement, but it is a good reminder of the rights relating to these constitutionally
protected activities.
Libraries should consult their attorneys with respect to questions or policies addressing these activities.
Thanks!
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC@michigan.gov
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice
with respect to any particular issue or problem.
“the State may not, consistently with the spirit of the First Amendment,
contract the spectrum of available knowledge.”
Griswold v. Connecticut, 381 U.S. 479, 482 (1965).
Get
personalized voter information on early voting and other topics at
Michigan.gov/Vote.
From: Michigan Department of Attorney General <MIAG@govsubscriptions.michigan.gov>
Sent: Monday, January 6, 2025 1:23 PM
To: Membiela, Clare (MDE) <MembielaC@michigan.gov>
Subject: AG Nessel Issues Protest, Picketing Guidance to Law Enforcement
|
The guidance outlines state and federal laws concerning protest and picketing actions.
|
|
|
FOR IMMEDIATE RELEASE:
January 6, 2025
|
|
|
|
|
AG Nessel Issues Protest, Picketing Guidance to Law Enforcement
“I anticipate that 2025 will be a year of increased exercise of these rights, and citizen protests are likely to play a large part of our national discourse,” Nessel said. “That is
why I am issuing this legal guidance to support our law enforcement agencies and lawmakers in navigating situations where constitutionally protected speech may conflict with state laws and local ordinances designed to protect the public.”
The letter emphasizes the importance of ensuring that laws and regulations governing the exercise of free speech and other First Amendment rights are well understood by both law enforcement
agencies and the public. It addresses key instances of protest and picket regulation, such as:
-
Campaign and protest activity around voting locations;
-
Protesting at private residences;
-
Protesting at public schools and universities; medical facilities; funeral and burial sites, and government facilities such as courthouses, jails, and police stations; and
-
Activities at the Michigan State Capitol.
“While we are issuing this guidance with an eye toward the most common or frequent incidents likely to be encountered by law enforcement officials, matters of First Amendment rights
and government regulation of constitutionally protected speech are incredibly fact-dependent, and there is no one-size-fits-all-scenarios analysis,” Nessel continued. “This guidance relies on the good judgment of law enforcement as well as prosecutors, to
ensure that rights are protected on any side of a political protest.”
The letter aims to educate and spur conversations among the Department of Attorney General, law enforcement officials, and local prosecutors. By proactively considering these protections,
regulations, statutes, and rights, the Attorney General seeks to ensure that constitutional rights and personal safety of all are robustly protected.
While her office will continue to manage ongoing prosecutions, including those stemming from the clearing of The Diag at the University of Michigan last spring, Attorney General Nessel
hopes the letter serves as a roadmap for local prosecutors to properly handle such incidents in the future.
###
|
|
|
|
|
|
|
|
This email was sent to
membielac@michigan.gov using GovDelivery Communications Cloud on behalf of: Michigan Attorney General · G. Mennen Williams Building, 7th Floor · 525 W. Ottawa St., P.O. Box 30212 · Lansing, MI 48909 · 517-373-1100
|
