Courts have generally upheld the principle that government cannot unreasonably restrict expressive activities in traditional public forums like streets and parks. However, it has also recognized that certain public properties, like airport terminals and the grounds of a jail, are not traditional forums and may have expression limited. A consistent trend is the Court's balancing act between protecting free speech and allowing the government to manage its properties and operations effectively.
Trespassing
LANDMARK CASES
International Society for Krishna Consciousness, Inc. v. Lee (1992): This case involved solicitation and distribution of literature at airports. The Supreme Court held that airport terminals are not public forums, and the government can prohibit solicitation and distribution of literature in these nonpublic forums.
United States v. Grace (1983): This case addressed the issue of protesting on public sidewalks surrounding the Supreme Court building. The Supreme Court ruled that the sidewalks were public forums, and a federal statute barring demonstrations on Supreme Court grounds could not be applied to public sidewalks.
Perry Education Association v. Perry Local Educators' Association (1983): This case distinguished between public forums and nonpublic forums on public property. The Supreme Court held that access to a nonpublic forum can be restricted based on subject matter and speaker identity as long as the restrictions are reasonable and not an effort to suppress expression merely because public officials oppose the speaker's view.
Adderley v. Florida (1966): This U.S. Supreme Court case involved a group of students who were arrested for trespassing after they refused to leave the grounds of a jail where they were protesting. The Court upheld the trespassing convictions, ruling that the government can limit access to public property, especially if the property is not traditionally used as a public forum, like a jail.
Kunz v. New York (1951): This case dealt with the right to hold religious meetings in public places. The Supreme Court struck down a New York City ordinance requiring a permit for religious meetings in public places, emphasizing the importance of public spaces as venues for free expression.
Hague v. Committee for Industrial Organization (1939): This landmark case involved the right to use public streets for political communication. The Supreme Court held that streets and public places are traditional public forums, and the government cannot unreasonably restrict access to these areas.
TRESPASSING FAQs
Q: What is trespassing?
A: Trespassing is the act of entering or remaining on someone else's property without permission. It can apply to both private and public property, depending on access restrictions.
Q: What does it mean to be trespassed from an area?
A: To be "trespassed" from an area means that a person has been officially warned or given notice not to enter or remain on certain property or premises. If the person refuses to leave or returns to that location after being trespassed, they can be subject to legal penalties, such as arrest for trespassing.
Q: If I'm trespassed, do I have to give my ID to the person trespassing me, usually a law enforcement officer?
A: In general, being trespassed does not constitute a crime or reasonable suspicion of a crime, so you are not required to show ID. The crime occurs when you refuse to leave the property or return to the property after being trespassed. Still, laws vary by state. If an officer requests your ID while issuing a trespass warning, it may be advisable to comply. If you believe the request is unjustified or that your rights are being violated, you can comply under protest and discuss later with a lawyer whether you should take any follow-up actions. You can also allow the officer to arrest you if he so chooses, and then decide later whether to take follow-up action.
Q: Can I be charged with trespassing in a public place?
A: Yes, if you are in a public place that has operating hours or restricted areas and you remain there beyond those hours or enter restricted areas, you can be charged with trespassing.
Q: Is recording in a public place always legal?
A: Generally, you have the right to record in public places, but this right is subject to reasonable restrictions pertaining to time, manner, and place.
Q: Do I have to stop recording if a police officer tells me to?
A: In public spaces, you usually can record police officers performing their duties. However, if you're interfering with their work or violating specific laws, you may be required to stop.
Q: Can I record inside a government building?
A: This depends on the building's policies. In most government buildings, recording in publicly accessible areas is allowed, but private or restricted access areas are off-limits.
Q: How can I tell if an area is considered public or private?
A: Public areas are generally open to everyone, like parks or sidewalks. Private property is owned by individuals or entities and typically marked with signs or has controlled access.
Q: What should I do if I'm approached by security while recording in a public space?
A: Remain polite and calm. You can explain that you are exercising your First Amendment rights, but also be prepared to show that you're not disrupting the environment.
Q: If I'm on private property without realizing it, can I still be trespassed?
A: Yes, ignorance of property boundaries is not a legal defense for trespassing. It’s important to be aware of signage and property lines.
Q: What are the possible penalties for trespassing?
A: Penalties vary by jurisdiction but can include fines, community service, probation, or even jail time for repeat offenses or serious breaches.
Q: Can trespassing charges affect my criminal record?
A: Yes, a trespassing charge can result in a criminal record, which can impact future employment opportunities and more.
Q: What's the best way to avoid trespassing charges while conducting a First Amendment audit?
A: Always research and comply with local laws, stay in publicly accessible areas, and respect any instructions given by property owners or law enforcement.
Q: Can posting "No Trespassing" signs prevent auditors from recording from outside private property?
A: "No Trespassing" signs do not restrict the ability to record from outside the property where the auditor has a legal right to be, such as a public sidewalk.
Q: Is consent required from people who are being recorded in public?
A: In public spaces, there is generally no expectation of privacy, so consent is not typically required to record someone.
Q: What should I do if I'm arrested for trespassing while auditing?
A: It's important to remain silent and ask for an attorney. Do not resist arrest, even if you believe the arrest is unwarranted.
Q: Can I challenge a trespassing charge in court?
A: Yes, you have the right to contest any criminal charges in court, where you can argue your case or present evidence that you were not trespassing.
Disclaimer: The information provided in these FAQs is for general informational purposes only and should not be construed as legal advice. For legal advice regarding your specific situation, please consult a licensed attorney.