On Monday, Michigan Attorney General Dana Nessel issued a letter to law enforcement across the state and a video, outlining state and federal laws concerning protest and picketing actions and how they relate to the First Amendment of the U.S. Constitution.
“I anticipate that 2025 will be a year of increased exercise of these rights, and citizen protests are likely to play a large part of our national discourse,” Nessel said. “That is why I am issuing this legal guidance to support our law enforcement agencies and lawmakers in navigating situations where constitutionally protected speech may conflict with state laws and local ordinances designed to protect the public.”
The letter emphasizes the importance of ensuring that laws and regulations governing the exercise of free speech and other First Amendment rights are well understood by both law enforcement agencies and the public. It addresses key instances of protest and picket regulation, such as:
• Campaign and protest activity around voting locations.
• Protesting at private residences.
• Protesting at public schools and universities; medical facilities; funeral and burial sites, and government facilities such as courthouses, jails, and police stations.
• Activities at the Michigan State Capitol.
“While we are issuing this guidance with an eye toward the most common or frequent incidents likely to be encountered by law enforcement officials, matters of First Amendment rights and government regulation of constitutionally protected speech are incredibly fact-dependent, and there is no one-size-fits-all-scenarios analysis,” Nessel continued. “This guidance relies on the good judgment of law enforcement as well as prosecutors, to ensure that rights are protected on any side of a political protest.”
The letter aims to educate and spur conversations among the Department of Attorney General, law enforcement officials, and local prosecutors. By proactively considering these protections, regulations, statutes, and rights, the attorney general seeks to ensure that constitutional rights and personal safety of all are robustly protected.
While her office will continue to manage ongoing prosecutions, including those stemming from the clearing of The Diag at the University of Michigan last spring, Nessel hopes the letter serves as a roadmap for local prosecutors to properly handle such incidents in the future.
“I anticipate that 2025 will be a year of increased exercise of these rights, and citizen protests are likely to play a large part of our national discourse,” Nessel said. “That is why I am issuing this legal guidance to support our law enforcement agencies and lawmakers in navigating situations where constitutionally protected speech may conflict with state laws and local ordinances designed to protect the public.”
The letter emphasizes the importance of ensuring that laws and regulations governing the exercise of free speech and other First Amendment rights are well understood by both law enforcement agencies and the public. It addresses key instances of protest and picket regulation, such as:
• Campaign and protest activity around voting locations.
• Protesting at private residences.
• Protesting at public schools and universities; medical facilities; funeral and burial sites, and government facilities such as courthouses, jails, and police stations.
• Activities at the Michigan State Capitol.
“While we are issuing this guidance with an eye toward the most common or frequent incidents likely to be encountered by law enforcement officials, matters of First Amendment rights and government regulation of constitutionally protected speech are incredibly fact-dependent, and there is no one-size-fits-all-scenarios analysis,” Nessel continued. “This guidance relies on the good judgment of law enforcement as well as prosecutors, to ensure that rights are protected on any side of a political protest.”
The letter aims to educate and spur conversations among the Department of Attorney General, law enforcement officials, and local prosecutors. By proactively considering these protections, regulations, statutes, and rights, the attorney general seeks to ensure that constitutional rights and personal safety of all are robustly protected.
While her office will continue to manage ongoing prosecutions, including those stemming from the clearing of The Diag at the University of Michigan last spring, Nessel hopes the letter serves as a roadmap for local prosecutors to properly handle such incidents in the future.
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