A student protest is nonviolent, lawful conduct that seeks to bring attention to an issue. It can take many forms, from a walkout from class to a sit-in in front of the school president’s office. It’s important for students to understand their rights when planning a protest and how the First Amendment protects them.
It’s generally illegal for police officers to confiscate or demand to see your photographs and videos of a legal activity like a student protest unless they have a warrant or the data is used in a criminal investigation (like showing evidence of police misconduct). Some protesters may choose civil disobedience–nonviolent unlawful behavior engaged in intentionally–as part of their strategy, but remember that the First Amendment doesn’t protect this form of speech.
While a university can impose limits on the time, place and noise of demonstrations, they cannot censor speech or punish people for participating in it. The limitations must be related to safety or other specific and identifiable concerns.
For example, a public university can limit the use of loud amplification near campus buildings during times when classes are in session. However, a private college can only do this if state law or the university’s own rules apply First Amendment standards and the restriction is not disproportionate to the protected activity.
It’s important that students articulate their goals clearly. It can be difficult to understand the reasons behind different protests if they are not well-articulated. For instance, a student who wants to call for their university to become a sanctuary campus must clearly explain that goal in order for others to understand what they are trying to accomplish.
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