# What is the law regarding protesters at political rallies? **URL:** \ **Category:** Factual Questions\ **Created:** [March 13, 2016, 10:01am UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851 "2016-03-13T10:01:33Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Me\_Billy](https://avatars.discourse-cdn.com/v4/letter/m/e480ec/32.png) [@Me\_Billy](https://boards.straightdope.com/u/Me_Billy)\ **Post date:** [March 13, 2016, 5:13pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/21 "2016-03-13T17:13:10Z")
> [@Whack-a-Mole](#): > > Chicago cops corruption has never been in support of protesters. Quite the opposite… Even if the protesters are Democrats or were hired by the Democrats to disrupt the Republican’s meeting? This sort of thing has been going on for a LONG time - nothing new… Note: I’m not a Republican, but when I see this sort of thing, it makes me want to vote for Trump! (Or whichever candidate they are trying to prevent from speaking.) Whatever they were trying to do backfired in my case! ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [March 13, 2016, 5:24pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/22 "2016-03-13T17:24:22Z")
> [@Me\_Billy](#): > > Even if the protesters are Democrats or were hired by the Democrats to disrupt the Republican’s meeting? Yes. Absolutely. I have lived in Chicago most of my life. Look how they reacted toward [Occupy Wall Street protesters.](http://www.huffingtonpost.com/2011/10/24/jailed-occupy-chicago-pro_n_1028081.html) Consider how they reacted during the [1968 democratic convention where they killed protesters.](https://en.wikipedia.org/wiki/1968_Democratic_National_Convention) Consider the [secret detention center that violated so many citizen rights it boggles the mind.](http://www.theguardian.com/us-news/2015/aug/05/homan-square-chicago-thousands-detained) The Chicago cops are on the side of the money that lines their pockets and protesters do not have the money or organization to pay them off. They are light years away from being a defender of liberal values. They are borderline fascists. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [March 13, 2016, 6:13pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/23 "2016-03-13T18:13:15Z")
> [@here\_and\_there](#): > > If the owner asks them to leave, and they don’t leave, yes, then he can call the police. > > But this is not what **SlackerInc** proposed. And this is not what we see in real life. We see the “security guys” jumping on the people who dare to speak out against those that held the event. And that is fascism. > > And of course, you can’t exclude someone from an event because you are absolutely certain that they are going to say the wrong thing. > I, too, am certain that you are going to park your car illegally, someday, so here is a parking ticket. > (guilty until proven innocent 😉 ) > That’s fascism, too. > > Hospital are “special” places. Churches (places of worship), too. Military camps, also. Different rules apply there. You can exclude people from your private event for any reason at all whatsoever. Even for reasons that are discriminatory. You can kick out anyone from a private party at your home for any reason at all. Where government gets to start butting in is for _[public accommodations](https://en.wikipedia.org/wiki/Public_accommodations)_ where the exclusion is due to membership in a [suspect class](https://en.wikipedia.org/wiki/Suspect_classification). Public accommodations are private businesses that are generally open to the public to patronize. Restaurants, supermarkets, merchants, etc… So a manager can kick out someone from a restaurant because the patron is wearing a black shirt. He cannot legally kick a person out because he has black skin. A political rally \*might \*be a public accommodation, but so long as the persons are being kicked out for some reason other than membership in a suspect class then what they are doing is perfectly legal. So they can still kick someone out for disruptive behavior. They cannot kick out a person from a _public accommodation_ due to race, nationality, etc… They can kick out a member of a suspect class for reasons not related to that membership in a suspect class. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [March 13, 2016, 6:39pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/24 "2016-03-13T18:39:13Z")
> [@Iggy](#): > > A political rally \*might \*be a public accommodation… It is. At least in this case it is (compared to the $1000/plate dinners which means you be able to pay to get entry). They cannot deny entry based on race or political affiliation or religion or other protected classes. That said once you start disrupting the proceedings they are wholly within their rights to expel you from the event. ---
**Author:** ![kurtisokc](https://avatars.discourse-cdn.com/v4/letter/k/bbce88/32.png) [@kurtisokc](https://boards.straightdope.com/u/kurtisokc)\ **Post date:** [March 13, 2016, 9:32pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/25 "2016-03-13T21:32:36Z")
> [@CoolHandCox](#): > > It’s The Persons private event. The tickets are free (that’s important). The tickets get you in, but you can be asked to leave someone’s event on private property anytime, for any reason. It’s like going to a house party. You were invited, now you’re not because I decided I don’t like you anymore. The Person could kick out his supporters and let just the protesters stay if he wanted. > > Trump, generally, treats it like heckling. You heckle a comedian, you get asked to leave. The majority of the people came to hear Trump speak, he removes people who try to disrupt that. He can remove people he even thinks will try and disrupt it. > > You’re not trespassing until you’ve been asked to leave but you refuse to leave. As long as you don’t commit any crimes you should just be escorted off the property. > > That’s generally the law. How The Person uses/enforces it is up to him. It puts the security (mostly off duty police in uniform - another confusing factor) in an awkward position of not really having an explanation of why they are kicking someone out. The Person asked the security he’s paying for to do it, that’s it. Everything you said is correct but it should be pointed out that political rallis are typically held on space which is rented for that purpose. So, it isn’t just a matter of the law vs the right of the candidate to exclude whoever he wishes: whatever entity controls the venue (which is often, though not always, some sort of government entity) might have its own policies prohibiting discrimination at public events it hosts which are broader than what it legally required. For that matter, it can also define the term “public event” more broadly (at least as long as this is made clear to whoever is renting the space.) ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [March 14, 2016, 3:07am UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/26 "2016-03-14T03:07:03Z")
I’m surprised nobody mentioned the basic law… Creating A Disturbance. The rally is organized (on private property) by a group for a particular purpose. IANAL but a person who yells, runs around or otherwise annoys the organizers can be politely asked to leave. If they continue to be disruptive then the police can arrest them, just as they can anyone screaming at the patrons of a sidewalk cafe. ---
**Author:** ![Urbanredneck](https://avatars.discourse-cdn.com/v4/letter/u/ea5d25/32.png) [@Urbanredneck](https://boards.straightdope.com/u/Urbanredneck)\ **Post date:** [March 14, 2016, 5:01am UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/27 "2016-03-14T05:01:37Z")
What I’ve seen around here is some group, usually the one organizing the event, will pack the place with hand picked supporters. For example if a democrat they will get all the local unions to send people. Those people fill the place up and anyone else is told “sorry we are full”. Inside they are handed pre-printed signs so it looks like everyone is more of a supporter than really so. Another is to use supporters to screen out people carrying signs or who otherwise look like they might cause trouble. Basically they have their people surround them, hold hands around them, run tape around them, or otherwise block them out. All of this of course requires alot of organization. ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [March 14, 2016, 5:44am UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/28 "2016-03-14T05:44:12Z")
> [@md2000](#): > > I’m surprised nobody mentioned the basic law… Creating A Disturbance. > > The rally is organized (on private property) by a group for a particular purpose. IANAL but a person who yells, runs around or otherwise annoys the organizers can be politely asked to leave. If they continue to be disruptive then the police can arrest them, just as they can anyone screaming at the patrons of a sidewalk cafe. Yes they can be asked to leave, and charged with trespass if they refuse. But merely shouting a counter message or holding up a banner you snuck in is not against the law. The ticket wording saying no banners is not law, it would be chucked out as unconstitutional if they tried to charge someone for sneaking a banner in. ---
**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\ **Post date:** [March 14, 2016, 6:03am UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/29 "2016-03-14T06:03:12Z")
> [@Whack-a-Mole](#): > > They cannot deny entry based on race or political affiliation… Last I heard…political affiliation was not a protected class ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [March 14, 2016, 12:03pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/30 "2016-03-14T12:03:09Z")
> [@coremelt](#): > > Yes they can be asked to leave, and charged with trespass if they refuse. But merely shouting a counter message or holding up a banner you snuck in is not against the law. The ticket wording saying no banners is not law, it would be chucked out as unconstitutional if they tried to charge someone for sneaking a banner in. Maybe the USA is different, but in Canada there is an offence “causing a disturbance” (Public nuisance?). > [@](#): > > Causing disturbance, indecent exhibition, loitering, etc. > > 175 (1) Every one who > > (a) not being in a dwelling-house, causes a disturbance in or near a public place, > (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language, > (ii) by being drunk, or > (iii) by impeding or molesting other persons, > (b) openly exposes or exhibits an indecent exhibition in a public place, > (c) loiters in a public place and in any way obstructs persons who are in that place, or > (d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied, > > is guilty of an offence punishable on summary conviction. > > Marginal note: Evidence of peace officer > (2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred. (a)(I) seems to cover that… shouting at the very least. You cannot jump up and shout and disturb a play or concert, why would you expect a political speech event to be different? There is no free speech right to disrupt. Public protests happen on the street (sidewalk?) where you expect a protest to happen and it does not affect any existing event. In a private area - no. The various US states must have similar laws. Obviously, a law that gives a police officer that much latitude must be applied carefully; but deliberately disrupting a staged event is precisely what the law was meant for. Just that generally, it seems the police settle for ejecting the offenders rather than arresting them. ---
**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\ **Post date:** [March 14, 2016, 12:13pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/31 "2016-03-14T12:13:49Z")
> [@Me\_Billy](#): > > In most parts of the country, rules of common courtesy apply and the police will enforce orderly conduct. Not where I live! (And it’s not Chicago.) Paging Emily Vanderbilt for emergency on Main Street! Handcuff those rude people! ---
**Author:** ![here\_and\_there](https://avatars.discourse-cdn.com/v4/letter/h/f07891/32.png) [@here\_and\_there](https://boards.straightdope.com/u/here_and_there)\ **Post date:** [March 14, 2016, 1:37pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/32 "2016-03-14T13:37:32Z")
You can tell your guests to leave, you can not tell them to shut up. They don’t need your permission to speak up their minds. And they don’t have to say only the things that please you. We don’t live in the Middle Ages. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 14, 2016, 1:40pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/33 "2016-03-14T13:40:34Z")
> [@coremelt](#): > > The ticket wording saying no banners is not law, it would be chucked out as unconstitutional if they tried to charge someone for sneaking a banner in. What provision of the constitution requires private citizens to accommodate people with opposing viewpoints? ---
**Author:** ![here\_and\_there](https://avatars.discourse-cdn.com/v4/letter/h/f07891/32.png) [@here\_and\_there](https://boards.straightdope.com/u/here_and_there)\ **Post date:** [March 14, 2016, 1:46pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/34 "2016-03-14T13:46:05Z")
> [@md2000](#): > > (a)(I) seems to cover that… shouting at the very least. So, you mean that a cafe owner, and the personnel, can shout at the customers, but the customers can’t shout back? :eek: (The politicians “shouts” through the loudspeakers, and his supporters shout his name, or stuff like “U-S-A”, but you cannot shout “booo” at them, or “go away [politician’s name]”, or “down with NATO”) makes no sense to me 😕 ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [March 14, 2016, 1:53pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/35 "2016-03-14T13:53:44Z")
> [@here\_and\_there](#): > > You can tell your guests to leave, you can not tell them to shut up. > > They don’t need your permission to speak up their minds. And they don’t have to say only the things that please you. We don’t live in the Middle Ages. You DO NOT have to let someone stay in a private event if they are saying things you do not like. That is a valid reason for asking them to leave. You CAN tell them to SHUT UP or LEAVE. Refusing to leave puts the subject at risk of arrest for trespass at least. But charges of disorderly conduct or disturbing the peace may also result just for the manner of speech, not the content. Whether you are yelling diatribes against your least favorite candidate or simply yelling your shopping list makes no difference. Yelling “F— Trump!” gets treated the same as yelling “Bread! Milk! Eggs! Tomatoes!” It is the act of disturbing conduct that is punished. ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [March 14, 2016, 2:00pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/36 "2016-03-14T14:00:56Z")
> [@Really\_Not\_All\_That\_Bright](#): > > What provision of the constitution requires private citizens to accommodate people with opposing viewpoints? You find me a single case where a similar contract clause lead to a successful charge against an individual? The ticket wording is just a contract. The contract grants you permission for you to be at the venue. So if the contract is broken (by you sneaking in a banner), you don’t have permission to be there and can be asked to leave. Thats it, you can’t be charged with a crime for violating the ticket rules, unless you commit an actual illegal act (eg assault). And anyone suggesting we should change the law to make such forms of protest illegal should very very carefully think through the consequences of that. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 14, 2016, 2:10pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/37 "2016-03-14T14:10:44Z")
This is not a contractual issue. The ticket represents a license to enter the property owner’s premises. Absent any agreement to the contrary, such a license may generally be revoked at the property owner’s pleasure. If I invite you to a party at my house, and you are a jerk, I am not obligated to allow you to remain just because you had an invitation. Once I have asked you to leave, your continued presence is a trespass. The First Amendment guarantees you the right to speak freely, subject to certain restrictions. It does not require (with a few exceptions) that private citizens or entities provide you with a forum in which to do so. A Trump rally is no different in this regard than a Guns and Roses concert or a screening of _Casablanca_. Although it is a political event, it is also a _private_ event. ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [March 14, 2016, 2:12pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/38 "2016-03-14T14:12:49Z")
No contract (the tickets are free which give you less recourse than paying for a ticket). It’s just an invitation. People with tickets don’t get in because they over issue. ---
**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\ **Post date:** [March 14, 2016, 2:17pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/39 "2016-03-14T14:17:50Z")
Although it is almost certainly true that it’s not against the law to try to bring in a banner per se. That’s just not really the issue here. ---
**Author:** ![here\_and\_there](https://avatars.discourse-cdn.com/v4/letter/h/f07891/32.png) [@here\_and\_there](https://boards.straightdope.com/u/here_and_there)\ **Post date:** [March 14, 2016, 2:21pm UTC](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851/40 "2016-03-14T14:21:07Z")
> [@Iggy](#): > > You DO NOT have to let someone stay in a private event if they are saying things you do not like. That is a valid reason for asking them to leave. You CAN tell them to SHUT UP or LEAVE. Refusing to leave puts the subject at risk of arrest for trespass at least. So, why not have them arrested for not shutting up, in the first place??? That’s what **SlackerInc** suggested. That, once they have come to your party (gathering) they have given away their right to free speech.:smack: “I invited them to my home, and they said that my couch was ugly. Please, officers, come quick. Arrest them, before they make their escape.” > [@Iggy](#): > > But charges of disorderly conduct or disturbing the peace may also result just for the manner of speech, not the content. Whether you are yelling diatribes against your least favorite candidate or simply yelling your shopping list makes no difference. Yelling “F— Trump!” gets treated the same as yelling “Bread! Milk! Eggs! Tomatoes!” It is the act of disturbing conduct that is punished. Swearing at people is the same as shouting out your shopping list?😕 Why are the people, who shout U-S-A at political gatherings, not arrested then? [Previous page](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851.md?page=1) [Next page](https://boards.straightdope.com/t/what-is-the-law-regarding-protesters-at-political-rallies/748851.md?page=3)