The First Amendment protects an individual’s right to record people - including police officers - and activities in public places, ranging from everyday interactions to mass demonstrations. Demonstrations regarding politically charged issues sometimes draw counterdemonstrators, in which case officers may be needed to prevent conflict. Assemblies typically require the presence of police officers to protect participants, bystanders, and property. Permits must also be available on short notice to allow the public to respond to breaking events. Whether the government grants permits for public assemblies can’t depend on the message of the participants, no matter how controversial, offensive, or hateful it may be.
Regulations, however, cannot be too onerous. Local governments, for example, may regulate the circumstances in which protests spill over into public roadways out of concern for motorist and pedestrian safety - but not in response to their political messages. Supreme Court has found that it does notprotect speech that “is directed to inciting or producing imminentlawless action and is likelyto incite or produce such action.” In addition, the Court has found that the First Amendment permits narrow regulation of the time, place, and manner of speech provided that the regulation does not relate to the content of the speech involved.
The First Amendment’s protections, however, are not absolute. They can range from a parade to a picket line, from a rally to a mass demonstration - and evento demonstrations about the police themselves. Assemblies include gatherings where the purpose of those assembled is to express their political, social, or religious views. Under the First Amendment, public streets and sidewalks generally may be used for public assembly and debate. Police, in other words, have to manage crowds in a variety of contexts - but they are always bound to protect constitutional rights. Achieving these goals is necessary during events such as celebrations of local sports teams, community parades, political protests, and presidential funerals. Most importantly, they should create and sustain a culture that understands and respects two deeply held values that sometimes come into conflict: keeping peace and exercising freedom. To strike this balance, departments should train officers to serve in a wide range of unpredictable situations. Police leaders should implement policies and practices that respect and protect the public’s constitutional rights while maintaing public safety. Some officers, meanwhile, are uncomfortable being photographed or recorded while doing their jobs because they fear recordings will be used against them. Police are charged to protect the peace, but public assemblies sometimes turn violent, especially when massive amounts of people gather. These rights lie at the heart of our democracy, yet they are often a source of tension between police departments and the communities they serve. Constitution protects some of our most cherished rights: our right to speak and publish freely, to gather publicly in large groups, to petition and lobby our government, and to practice religion.