General Information

Constitutional Rights: Free Speech and Freedom to Peacefully Assemble

Freedom of speech, or the right to freely express your opinion in various ways, is protected in both the Texas Constitution and the U.S. Constitution, as is the right to gather peacefully and make your grievances known.

Texas Law

Texas Constitution, Article 1, Section 8
This section of the Texas Constitution protects freedom of speech and freedom of the press.
Texas Constitution, Article 1, Section 27
This section of the Texas Constitution gives citizens the right to peacefully assemble.

Federal Law

U.S. Constitution, 1st Amendment
This section of the U.S. Constitution establishes the rights of freedom of speech and the freedom to assemble.

What Counts as Free Speech?

Free Speech and the Right to Protest
This article from ACLU Texas provides basic information on the right to protest and includes restrictions on certain protest activities.
What Does Free Speech Mean?
This page from the US Courts website explains what the right to freedom of speech does and does not provide for.
Interactive Constitution: The meaning of free speech
This essay from the National Constitution Center provides an explanation of what counts as free speech in the United States.
Freedom of Speech
This article from History.com covers various forms of free expression covered by the First Amendment, including flag burning.
Freedom of Speech and Press: Exceptions to the First Amendment
The Congressional Research Service produced this report on the limitations and exceptions of the First Amendment, including a thorough look at the difference between protected and unprotected speech.

Restrictions on Time, Manner, and Place

The Supreme Court has established that the government may not limit your constitutional right to peacefully protest. However, the government is lawfully permitted to create restrictions based on where, when, and how certain protest activities take place, provided the restrictions are not intended to suppress the content of the speech. These lawful restrictions are often referred to as "time, manner and place restrictions."

Know Your Rights: I'm Attending a Protest
This FAQ from the American Civil Liberties Union (ACLU) explains your rights when attending a protest and defines a "traditional public forum."
Is There a Right to Peaceful Protest?
This explainer from legal encyclopedia Find Law discusses the constitutional right to peaceful protest, including information on regulation of time, place, and manner.
US Protest Law Tracker
This interactive map from the International Center for Not-For-Profit Law (ICNL) keeps track of state and federal legislation that restricts the right to assemble peacefully.

Restrictions on Place

Funerals

Section 42.055 of the Texas Penal Code
Prohibits "picketing within 1,000 feet of a facility or cemetery being used for a funeral service" during the time frame beginning 3 hours prior to the service and ending 3 hours after the service.
Section 42.04 of the Texas Penal Code
States that if a person would otherwise be violating the laws against unreasonable noise, obstructing a passageway, or disrupting a funeral, the police (or other person with authority) must ask the person to move or otherwise remedy the situation before arresting the person. This provision only applies if the person is there to "express in a nonviolent manner a position on social, economic, political, or religious questions" and "if he has not yet intentionally harmed the interests of others which those sections [against unreasonable noise, obstructing a passageway, and disrupting a funeral] seek to protect."

Pipelines and Critical Infrastructure

Texas Government Code, Chapter 424
Restricts certain types of protest at "critical infrastructure facilities" which are defined as "(1) any pipeline transporting oil or gas or the products or constituents of oil or gas; and (2) a facility or pipeline described by this section that is under construction and all equipment and appurtenances used during that construction."
New Texas Pipeline Protest Law Is About More Than Pipelines (9/4/2019)
This news article explains updates to Texas law that restrict certain types of protests at oil pipeline sites and other sites of critical infrastructure.
Governor signs bill to punish pipeline protesters (6/18/2019)
This news article describes a 2019 law that affects protests at sites of critical infrastructure.

Blocking Highways & Sidewalks

Section 42.03 of the Texas Penal Code
Prohibits obstructing a "highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access," or certain other types of passageways. In 2021 this section was amended to make obstructing access for emergency vehicles or to medical facilities a felony offense.
Section 42.04 of the Texas Penal Code
States that if a person would otherwise be violating the laws against unreasonable noise, obstructing a passageway, or disrupting a funeral, the police (or other person with authority) must ask the person to move or otherwise remedy the situation before arresting the person. This provision only applies if the person is there to "express in a nonviolent manner a position on social, economic, political, or religious questions" and "if he has not yet intentionally harmed the interests of others which those sections [against unreasonable noise, obstructing a passageway, and disrupting a funeral] seek to protect."
Texas Law: Obstructing Highway or Other Passageway
This private attorney's website provides information on Texas's laws on this subject.

Restrictions on Manner

Disorderly Conduct & Riots

Section 42.01 of the Texas Penal Code
Prohibits various types of "disorderly conduct."
Section 42.02 of the Texas Penal Code
This statute makes it a criminal offense to knowingly participate in a riot.
Section 42.04 of the Texas Penal Code
States that if a person would otherwise be violating the laws against unreasonable noise, obstructing a passageway, or disrupting a funeral, the police (or other person with authority) must ask the person to move or otherwise remedy the situation before arresting the person. This provision only applies if the person is there to "express in a nonviolent manner a position on social, economic, political, or religious questions" and "if he has not yet intentionally harmed the interests of others which those sections [against unreasonable noise, obstructing a passageway, and disrupting a funeral] seek to protect."
Texas Disorderly Conduct Laws
This page from Findlaw provides an overview of Texas's disorderly conduct laws.
Texas Criminal Law: Riot
This private attorney's website provides a brief overview of Texas's "riot" law and what could happen if you are charged under this law.

Disrupting a Lawful Meeting

Section 42.05 of the Texas Penal Code
Prohibits preventing or disrupting "a lawful meeting, procession, or gathering."

Texas State
Law Library

Protest Rights in Texas