In Utah, it is perfectly legal to go out in public spaces and protest virtually any issue you can imagine. This extends to every side of the conversation whether your views are liberal, conservative, or anywhere in between. However, that doesn’t mean you can necessarily do whatever you want.
Here is what you need to know about the laws surrounding protesting in Utah.
The law that protects your right to protest doesn’t come from the state of Utah. It comes from the First Amendment to the United States Constitution:
“Congress shall make no law…abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
There are two items in the amendment that specifically protect your right to protest:
While the First Amendment guarantees the freedom to attend protests, that doesn’t mean there aren’t any limits. Your actions can become criminal if you aren’t following the law. Here are some things to keep in mind if you decide to assemble for a protest.
Those areas include public spaces or private property with permission from the owner.
By “public spaces” we mean places that are government-owned. Again, there are limits to this. You can’t just barge into a senator’s office with a picket sign, nor can you enter a restricted area of a military base.
Places where you usually can protest include sidewalks, parks, streets, and parts of government buildings that are open to the public. For example, you are free to protest in front of the Utah Capitol, which has been the site of recent demonstrations.
Private property can include homes, but it also includes businesses. So you cannot demonstrate in a Walmart parking lot unless you have permission from the corporation.
Some protesters have done things like flip over police cars or throw molotov cocktails at buildings. Those activities are not protected. Destruction of property is still destruction of property in Utah whether you are doing it as part of a protest or not.
The penalty for this crime depends on how much the property was worth:
The punishments for those charges are mostly in extreme cases. If you have a good lawyer by your side, you may be able to avoid or lessen your time behind bars if you decide to plead guilty. You may still face some kind of punishment, but it will likely not be as harsh. You may also take the case to trial by pleading not guilty, but that isn’t always a good idea. It’s best to talk with your lawyer about your options before making a decision either way.
If you use any kind of illegal force to cause injury on another person, that is assault. At the very least, this is a class B misdemeanor. However, if you caused significant bodily injury, it’s a class A misdemeanor.
Those charges can escalate to third-degree felony aggravated assault if you used a dangerous weapon, you impeded the other person’s blood flow or breathing, or you used any kind of force that could kill or seriously injure them.
If you commit assault on a police officer, that is a class A misdemeanor, which could escalate to a third-degree felony if you cause significant bodily injury. You’ll also have to serve a minimum of 90 days in a correctional facility, whether you take a plea deal or not.
Utah has a specific law about rioting. It is when you engage in violent conduct and create a risk for people in the public to be alarmed. It is normally a class B misdemeanor, but it can also be a third-degree felony for the following reasons:
You can also get in trouble for even thinking about rioting. According to the Utah code, you can get charged with this crime if you assemble with two or more people, and your reason is to commit violent acts later. It also includes gathering with two or more people with the intention of committing an offense against someone else who you believe to be guilty of another crime.
If police tell you that you need to leave a public place, but you refuse, you can get charged with disorderly conduct. This is normally an infraction — usually punishable by a fine. However, if you continue to refuse, it can escalate to a class C misdemeanor — up to 90 days in jail and $750 in possible fines.
You can also end up with this charge for violent or threatening behavior, unreasonable noises, or obstructing traffic.
Freedom of speech does have certain limits. In 1919, the Supreme Court ruled in Schenk v. United States that there is a standard to limiting it if the speech has a “clear and present danger.”
In Utah, that means threats of violence. If you give someone any indication that you intend to harm them, you can be charged with this crime, which is a class B misdemeanor.
Defamation is another form of speech that isn’t protected. This is when you say or write something negative about someone else, which would expose them to public ridicule.
Chanting defamatory comments won’t necessarily get you charged criminally, but you may be subject to civil litigation. However, if you say it to a media outlet, you may get charged with a class B misdemeanor.
If you’re going out with a few friends to protest in front of the Utah Capitol, you probably won’t need a permit as long as you aren’t going against the city’s noise ordinance. However, there are situations where you might need one:
It’s possible that you won’t need a permit, but it’s a good idea to get one because it can keep you out of trouble. You’ll have to apply through the city where the demonstration will take place. Salt Lake City has its own application that you can find here.
If you’re arrested during a demonstration, you need to be as calm as possible. Do what police tell you to, even if you believe they’re in the wrong. The time to argue with them is not on the spot, but in the courts.
When police or state officials question you, don’t answer without first consulting with a defense attorney. You need someone by your side, who understands the ins-and-outs of the law. They’ll know what you should do to get the best outcome possible, whether that means proving your innocence at trial or making a plea deal for a lesser sentence.
You want a lawyer who has a lot of experience. They’ll have learned everything they need to learn so they can be effective with your case.
You’ll find that with the lawyers at Brown, Bradshaw & Moffat. All of our attorneys have been practicing law in Utah for years. They would love to help you out. Tell us about your case to get started, and we’ll get in contact with you.
