7 - Public Protest and Emergency Powers

Summary

Chapter 7 examines the extent to which federal, state, and local governments can restrict public protest during public health and civil unrest emergencies. The chapter describes how the current system of emergency powers affects public protest rights, including through curfews, limits on movement, and bans on public gatherings. It rejects the notion that the First Amendment and other rights can be “suspended” during declared or undeclared emergencies and argues for strict judicial review of measures that ban or severely restrict public protest during emergencies. The chapter also addresses the role of the federal government, including U.S. armed forces personnel, in policing civil unrest and prosecuting protest-related offenses. It advocates a minimal federal presence and function at public protest events and urges federal cooperation with states and localities.