What are the rights of protesters in Utah?

SALT LAKE CITY ( ABC4 ) — This week brought pro-Palestinian protests to Utah campuses , and the demonstrations don’t show any signs of stopping. It begs the question: What are protesters’ rights in Utah?

“You have a right to protest under the First Amendment,” said Clayton Simms, a Utah criminal defense attorney. “You can peaceably assemble and you can engage in free speech.”

This protects demonstrations in public areas, such as sidewalks, parks and areas considered a public forum, such as in front of the Utah State Capitol. For students and others at a public university, this includes open spaces of state schools, and perhaps certain areas of campus buildings.

“If you’re peacefully protesting, expressing even unpopular views but not threatening, that would be allowed,” Simms said.

The First Amendment protects protesters’ spoken words, signs, symbolic clothing, the passing out of flyers, and picketing under certain circumstances, according to the American Civil Liberties Union.

Aaron Welcher, communications director with the ACLU of Utah , said that controversial pro-Palestinian political slogans — that have been said at this week’s protests in Utah and across the country — are also protected free speech.

“I know there has been a lot of conversations about certain slogans and chants being said at these protests and whether that would then become reasonable threats,” he said. “We really want to make it clear that their political rhetoric is not material support [of terrorism].”

What protesters can’t do

The First Amendment doesn’t protect protesters if they incite or call for violence or lawless action. Protesters also aren’t allowed to infringe upon the First Amendment rights of others, such as counter-protesters who speak or pass out flyers.

While public spaces generally have robust free speech protections, there are still restrictions as far as time, space and manner of protest, Welcher said. Free speech protections on private property are much more limited, as the property owner can limit public protests.

Under Utah law, the creation of encampments as part of a protest is not allowed in public areas. This is what prompted the arrests of 19 people overnight Monday at an otherwise peaceful protest.

In a statement following the arrests , University of Utah President Taylor R. Randall said students have a right to express their opinions, but do not have the right to violate the law or university policy.

“It is unlawful to set up structures or camp overnight on university property,” he said. “The University of Utah will continue to support free expression and enforce the rule of law.”

Interactions with police

Welcher, with the ACLU, said that if protesters are interacting with police, it’s important for them to remain calm, don’t argue, resist, or obstruct what police are doing, even if someone believes officers are violating their rights.

“What’s really important though is trying to remember everything within the interaction, write down everything you remember when you can, including an officer’s badge, name and patrol car,” he said.

Filming police is also allowed under the law in Utah as long as it’s in a public forum, Welcher said. He noted that anyone who finds themselves under arrest should remember they have the right to remain silent until they have a lawyer present.

When permits are needed

In general, permits are not required for spontaneous demonstrations in Utah if they don’t impede another group’s reservation or event, the ACLU said. However, events with an amplifying device or that may block traffic could require a permit.

If there is a permitting process in the city or government, it must be applied equally to all forms of protest and free speech without discrimination.

In Salt Lake City, demonstration permits must be submitted at least 30 days ahead of the event or event set-up.

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