Protest Rights by State (2026)

Alabama protects the right to peaceful assembly under both the state constitution and the First Amendment:

• Alabama Constitution: Article I, Section 25 protects the right of the people peaceably to assemble and petition for redress of grievances
• First Amendment: Standard federal protections for speech, assembly, and petition apply
• No anti-SLAPP statute: Alabama does not have an anti-SLAPP law to protect against retaliatory lawsuits for exercising free speech
• Disorderly conduct: Alabama's disorderly conduct statute (Ala. Code § 13A-11-7) can be applied during protests — know the boundaries
• Obstructing a governmental operation: Ala. Code § 13A-10-2 prohibits intentionally obstructing government functions
• Permits may be required for large gatherings on public property — check with local governments

Arizona protects the right to peaceful protest under both the state and federal constitutions:

• The Arizona Constitution, Art. II, § 5 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• Arizona has an anti-SLAPP statute (A.R.S. § 12-751 et seq.) that protects against strategic lawsuits aimed at chilling free speech and petition rights
• Arizona has enacted laws regarding protests at critical infrastructure — trespassing or interfering with critical infrastructure facilities can carry enhanced penalties
• Permits may be required for large gatherings on public property — check with your local municipality
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety

Arkansas residents have First Amendment rights to protest, with some state-specific restrictions:

• The First Amendment protects peaceful assembly, free speech, and the right to petition — these rights apply in Arkansas
• Protests on public property (sidewalks, parks, public plazas) are generally protected; permits may be required for large gatherings that block traffic
• Arkansas enacted Act 472 of 2021 — the "Critical Infrastructure Protection Act" — which imposes enhanced criminal penalties for protests near "critical infrastructure" (pipelines, utilities, etc.)
• Counter-protesters also have First Amendment rights, but police may separate groups to maintain order
• You may not block traffic or obstruct pedestrians; doing so can result in disorderly conduct charges
• Police may issue a lawful dispersal order — failure to comply can result in arrest
• You may record police during protests (see Act 1030 of 2021)

Colorado provides strong protections for the right to protest and assemble:

• Colorado Constitution, Art. II, § 10 protects the right of the people to peaceably assemble
• Colorado's 2020 police reform law (SB 20-217) restricts the use of chemical agents (tear gas) and projectiles against demonstrators — officers may only use these as a last resort after other de-escalation methods have been exhausted and with supervisor approval
• Colorado eliminated qualified immunity for officers, meaning officers who violate protestors' civil rights can be held personally liable in state court
• Officers must wear body cameras during interactions with protestors and all footage must be preserved
• Colorado requires permits for large demonstrations using streets or parks, but cannot require permits for gatherings on public sidewalks that do not block access
• Counter-protestors have free speech rights but cannot physically interfere with lawful assemblies

Connecticut provides strong protections for the right to peaceful assembly and protest:

• Connecticut Constitution, Art. I, § 14: Protects the right of the people to peaceably assemble and petition government
• Standard federal First Amendment protections apply to speech, assembly, and petition
• Connecticut's Police Accountability Act (Public Act 20-1) includes provisions that affect how police interact with protesters, including duty to intervene and use-of-force restrictions
• Connecticut has stronger protections against police misconduct during protests than many states due to the limited qualified immunity provisions
• Permits may be required for large gatherings on public property — check with local municipalities
• Connecticut does not have a state anti-SLAPP statute, though proposals have been introduced

Georgia protects the right to peaceful assembly under both the state constitution and the First Amendment:

• Georgia Constitution: Article I, Section 1, Paragraph IX specifically protects the right of the people to peaceably assemble
• First Amendment: Standard federal First Amendment protections for speech, assembly, and petition apply
• No anti-SLAPP statute: Georgia does not have an anti-SLAPP (Strategic Lawsuits Against Public Participation) law to protect against retaliatory lawsuits for exercising free speech
• Critical infrastructure: Georgia has a critical infrastructure trespass law that imposes enhanced penalties for trespassing on designated critical infrastructure sites during protests
• Permits may be required for large gatherings on public property — check with local governments

Hawaii protects the right to peaceful protest under both the U.S. and Hawaii Constitutions:

• The First Amendment and Hawaii Constitution, Art. I, § 4 protect freedom of speech and assembly
• Hawaii Constitution, Art. I, § 6 also explicitly protects the right to privacy, which courts have applied to assembly and association
• Peaceful protests on public sidewalks, parks, and other traditional public forums are protected without a permit
• Permits may be required for large gatherings on public property — contact the relevant county government
• Hawaii has a strong tradition of protest, including movements related to Native Hawaiian sovereignty, environmental protection, and military land use
• Obstructing public highways or access to public or private property may result in arrest
• Counter-protesters have the same constitutional rights but must be kept at a safe distance

Idaho protects the right to peaceful protest under both the U.S. and Idaho Constitutions:

• The First Amendment and Idaho Constitution, Art. I, § 9 protect freedom of speech and assembly
• Peaceful protests on public sidewalks, parks, and other traditional public forums are protected without a permit
• Permits may be required for large gatherings that use public streets or parks — contact your city or county government
• Idaho law prohibits obstructing highways and public rights-of-way — protesters who block traffic may face arrest
• Idaho enacted legislation in 2021 increasing penalties for certain protest-related activities, including trespass on critical infrastructure
• Counter-protesters have the same constitutional rights but must be kept at a safe distance
• Idaho's Stand Your Ground law does not apply to protest confrontations on public property

Indiana protects the right to peaceful protest under both the state and federal constitutions:

• The Indiana Constitution, Art. 1, § 31 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• Permits may be required for large gatherings on public property — check with your local municipality
• Indiana enacted critical infrastructure protection laws — trespassing or interfering with critical infrastructure can carry enhanced penalties
• Indiana increased penalties for unlawful assembly and rioting offenses in recent years
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety

Iowa residents have First Amendment rights to protest, subject to reasonable time, place, and manner restrictions:

• The First Amendment protects peaceful assembly, free speech, and the right to petition — these rights apply in Iowa
• Protests on public property (sidewalks, parks, public plazas) are generally protected; permits may be required for large gatherings that block traffic
• Iowa enacted SF 342 (2021) — an "Ag-Gag" law that restricts access to agricultural facilities, though this has faced First Amendment challenges
• You may not block traffic or obstruct pedestrians — doing so can result in charges under Iowa Code § 723.4 (disorderly conduct)
• Police may issue a lawful dispersal order if the assembly becomes unlawful — failure to comply can result in arrest
• You may record police during protests (Iowa is a one-party consent state)

Kansas protects the right to peaceful protest under both the state and federal constitutions:

• The Kansas Constitution, Bill of Rights, § 3 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• Permits may be required for large gatherings on public property — check with your local municipality
• Kansas has enacted critical infrastructure protection laws — trespassing or interfering with critical infrastructure can carry enhanced penalties
• Kansas increased penalties for impeding traffic during protests
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety

Kentucky protects the right to peaceful assembly under the state constitution and federal First Amendment:

• Kentucky Constitution, § 1: Protects the right of the people to peaceably assemble and petition government for redress of grievances
• Standard federal First Amendment protections apply to speech, assembly, and petition
• Kentucky enacted SB 211 (2021) during the protest wave following Breonna Taylor's death, creating enhanced penalties for certain protest-related conduct including rioting and disorderly conduct near law enforcement
• Permits may be required for large gatherings on public property — check with local governments
• Kentucky does not have a state anti-SLAPP statute to protect against retaliatory lawsuits for exercising free speech

Louisiana protects the right to peaceful assembly under both the state constitution and the First Amendment:

• Louisiana Constitution: Article I, Section 9 protects the right of the people to assemble peaceably and petition government for redress of grievances
• First Amendment: Standard federal protections for speech, assembly, and petition apply
• Critical infrastructure law: Louisiana enacted a critical infrastructure protection law (La. R.S. § 14:61) imposing enhanced penalties for trespassing on or damaging critical infrastructure — this has been criticized as targeting pipeline protesters
• No anti-SLAPP statute: Louisiana does not have an anti-SLAPP law
• Obstructing a highway: La. R.S. § 14:97 prohibits obstructing public passages — this can be applied to protesters blocking roads
• Permits may be required for large gatherings on public property — check with local governments

Michigan protects the right to peaceful assembly and protest under both the state and federal constitutions:

• Michigan Constitution, Art. I, § 3 guarantees the right of the people to peaceably assemble and to petition the government
• Standard First Amendment protections apply — protests on public sidewalks, parks, and other traditional public forums are broadly protected
• Michigan does not have an anti-SLAPP (Strategic Lawsuit Against Public Participation) statute — protesters can face civil suits for their speech
• Permits may be required for large gatherings on public property but cannot be used to suppress speech based on content
• Michigan has university campus free speech protections at public institutions
• Counter-protesters have equal rights but must remain at a safe distance from permitted events
• Blocking traffic or trespassing on private property is not protected even during a protest

Minnesota provides strong protections for the right to protest and assemble, with significant reforms following 2020:

• Minnesota Constitution, Art. I, § 16 protects the right of the people to peaceably assemble and petition the government
• Following the 2020 George Floyd protests, Minnesota enacted police accountability reforms including a duty to intervene and duty to report for officers witnessing misconduct
• Minnesota banned chokeholds and neck restraints by officers (Minn. Stat. § 609.066)
• Officers who use unreasonable force against protestors face potential POST Board license revocation and personal liability
• Minnesota requires permits for large demonstrations using streets or parks, but gatherings on public sidewalks that do not block access generally do not require a permit
• Counter-protestors have free speech rights but cannot physically interfere with lawful assemblies
• Minnesota has specific laws against interference with constitutional rights (Minn. Stat. § 609.749)

Mississippi residents have First Amendment rights to protest, with state-specific considerations:

• The First Amendment protects peaceful assembly, free speech, and the right to petition — these rights apply in Mississippi
• Protests on public property (sidewalks, parks, public plazas) are generally protected; permits may be required for large gatherings blocking traffic
• Mississippi's history of civil rights activism gives the First Amendment special significance here — federal courts have been active in protecting protest rights
• Mississippi Code § 97-35-15 (unlawful assembly) can be used against groups disturbing the public peace — officers must distinguish between lawful protest and unlawful assembly
• You may not block traffic or obstruct pedestrians; doing so can result in disorderly conduct charges
• Police may issue a lawful dispersal order — failure to comply can result in arrest
• You may record police during protests (one-party consent state)

Missouri residents have First Amendment rights to protest, with state law considerations shaped significantly by the Ferguson events:

• The First Amendment protects peaceful assembly, free speech, and the right to petition — these rights apply in Missouri
• Missouri's protest landscape was significantly shaped by the 2014 Ferguson unrest — state and local policy evolved substantially after that period
• Protests on public property are generally protected; permits may be required for large gatherings blocking traffic
• Missouri has laws against unlawful assembly (RSMo § 574.060) and rioting — officers must distinguish between lawful protest and unlawful assembly
• Missouri enacted a law (RSMo § 574.075) providing enhanced penalties for blocking highways — relevant for protesters who march in roads
• Police may issue a lawful dispersal order — failure to comply can result in arrest for unlawful assembly
• You may record police during protests (one-party consent state)

Nebraska protects the right to peaceful protest under both the U.S. and Nebraska Constitutions:

• The First Amendment and Nebraska Constitution, Art. I, § 4 protect freedom of speech, assembly, and petition
• Peaceful protests on public sidewalks, parks, and other traditional public forums are protected without a permit
• Permits may be required for large gatherings or marches that use public streets — contact your city or county government
• Nebraska law prohibits obstructing a public road (Neb. Rev. Stat. § 28-1407) — protesters who block traffic may face arrest
• Counter-protesters have the same rights but must be kept at a safe distance by law enforcement
• Nebraska does not have specific anti-protest or protest penalty enhancement laws
• The Omaha and Lincoln city ordinances may have additional permit requirements for demonstrations

Nevada protects the right to peaceful protest under both the state and federal constitutions:

• The Nevada Constitution, Art. 1, § 10 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• Las Vegas and Reno may require permits for large gatherings on public property — check with local municipalities
• The Las Vegas Strip (Las Vegas Boulevard) has specific regulations regarding demonstrations due to its unique character and heavy pedestrian traffic
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety
• Nevada law prohibits blocking traffic or obstructing public ways during demonstrations (NRS 199.280)

New Mexico protects the right to peaceful protest under both the state and federal constitutions:

• The New Mexico Constitution, Art. II, § 17 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• Albuquerque and Santa Fe may require permits for large gatherings on public property — check with local municipalities
• Protests on the grounds of the New Mexico State Capitol (the Roundhouse) are a common and protected activity
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety
• New Mexico law prohibits obstructing traffic or public ways during demonstrations (NMSA § 30-20-13)
• The New Mexico Civil Rights Act (2021) provides additional accountability for law enforcement conduct during protests — officers can be sued without qualified immunity

Ohio protects the right to peaceful assembly under both the state and federal constitutions:

• Ohio Constitution, Art. I, § 3: Protects the right of the people to assemble together in a peaceable manner
• Standard First Amendment protections apply in Ohio, including rights to protest on public sidewalks, parks, and other traditional public forums
• No state anti-SLAPP statute: Ohio does not have an anti-SLAPP (Strategic Lawsuit Against Public Participation) law, meaning protesters may face greater exposure to retaliatory lawsuits
• Campus free speech: Ohio has enacted protections for free expression on public college and university campuses
• Permits may be required for large gatherings on public property but cannot be used to suppress speech based on content

Oklahoma protects the right to peaceful assembly under the state constitution and federal First Amendment:

• Oklahoma Constitution, Art. II, § 3: Protects the right of the people to peaceably assemble and petition government
• Standard federal First Amendment protections apply to speech, assembly, and petition
• Oklahoma enacted HB 1674 (2021), which provides civil and criminal immunity to drivers who unintentionally injure protesters blocking roadways while fleeing a riot — one of the most controversial protest-related laws in the nation
• Oklahoma also enacted enhanced penalties for trespassing on critical infrastructure (oil and gas pipelines, utilities) during protests (HB 1123, 2017)
• Permits may be required for large gatherings on public property — check with local governments
• Oklahoma does not have a state anti-SLAPP statute

South Carolina protects the right to peaceful assembly under both the state constitution and the First Amendment:

• SC Constitution: Article I, Section 1 protects freedom of speech and the right of the people peaceably to assemble
• First Amendment: Standard federal protections for speech, assembly, and petition apply
• No anti-SLAPP statute: SC does not have an anti-SLAPP law to protect against retaliatory lawsuits for exercising free speech
• Disorderly conduct: SC's disorderly conduct statute (S.C. Code § 16-17-530) can be applied during protests — know the boundaries
• Permits may be required for large gatherings on public property — check with local governments

Utah protects the right to peaceful protest under both the state and federal constitutions:

• The Utah Constitution, Art. I, § 1 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• Permits may be required for large gatherings on public property — check with your local municipality
• Utah has enacted laws regarding critical infrastructure protection — trespassing or interfering with critical infrastructure can carry enhanced penalties
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety
• The ACLU of Utah actively monitors protest rights and provides legal observer support

Virginia protects the right to protest and peacefully assemble under both state and federal constitutional provisions:

• Virginia Constitution, Art. I, § 12 protects the right of the people to assemble and to petition the government for redress of grievances
• Standard First Amendment protections apply in Virginia for speech, assembly, and petition
• Virginia has an anti-SLAPP statute (Va. Code § 8.01-223.2) that protects individuals from strategic lawsuits aimed at silencing public participation — defendants can file a special motion to dismiss
• The Virginia Capitol Police have specific regulations for protests and demonstrations at state government buildings
• Local governments may impose reasonable time, place, and manner restrictions on protests but cannot ban them outright
• Obstructing free passage on public roads or sidewalks can result in misdemeanor charges

Washington provides strong protections for the right to protest and assemble:

• Washington Constitution Art. I, § 4 protects the right of assembly and petition
• Washington has a strong anti-SLAPP statute (RCW 4.24.525) protecting people from retaliatory lawsuits aimed at chilling free speech and petition activity
• Washington's 2021 police reform law (HB 1054) limits the use of military equipment by police at protests — banning tear gas except in very limited circumstances, and restricting use of armored vehicles and other military-style equipment
• Seattle and other cities have specific protest regulations including permit requirements for large gatherings
• Counter-protestors also have free speech rights but cannot physically interfere with lawful assemblies
• Blocking traffic without a permit may result in citation, but peaceful protest is constitutionally protected

West Virginia protects the right to peaceful protest under both the state and federal constitutions:

• The West Virginia Constitution, Art. III, § 16 protects the right of the people to peaceably assemble and petition the government
• Standard First Amendment protections apply — peaceful protest in public forums (streets, sidewalks, parks) is constitutionally protected
• West Virginia municipalities may require permits for large gatherings on public property — check with local authorities
• Protests at the West Virginia State Capitol in Charleston are a common and protected activity, particularly regarding coal, labor, and education issues
• Counter-protest rights are also protected, but law enforcement may establish buffer zones for safety
• West Virginia law prohibits obstructing traffic or public ways during demonstrations
• West Virginia has a history of significant labor protests — from the Mine Wars to modern teachers' strikes — and the right to protest is deeply valued

Wisconsin residents have robust First Amendment rights to protest, shaped significantly by the 2011 Capitol protests:

• The First Amendment protects peaceful assembly, free speech, and the right to petition — these rights apply strongly in Wisconsin
• Wisconsin's 2011 Capitol protests (against Act 10) produced significant case law affirming protesters' rights in and around the State Capitol
• Protests on public property (sidewalks, parks, public plazas) are generally protected; permits may be required for large gatherings
• Wisconsin enacted permitting requirements for the State Capitol, which have been subject to First Amendment litigation
• You may not block traffic or obstruct pedestrians; doing so can result in disorderly conduct charges under Wis. Stat. § 947.01
• Police may issue a lawful dispersal order for unlawful assemblies — failure to comply can result in arrest
• You may record police during protests (one-party consent state)