Curfews During Protests: Are They Legal?

Protests can be an effective way for people to express their opinions and make their voices heard. However, when protests turn violent or disruptive, they can also lead to arrests and criminal charges. One question that often arises in the context of protests is whether or not law enforcement can impose a curfew in order to restrict the movement of protesters.

The short answer to this question is that law enforcement can impose a curfew in certain circumstances, but it is not always legal. In order for a curfew to be legal, it must be justified by a substantial government interest and it must be narrowly tailored to serve that interest.

For example, in a case called In re T.L.O., the New Jersey Supreme Court held that a school could impose a curfew on students during school hours in order to maintain order and discipline on campus. The court found that the school’s interest in maintaining order and discipline was a substantial government interest that justified the curfew.

However, a curfew that is imposed solely on the basis of preventing people from engaging in protected First Amendment activities is likely not going to be found to be legal. This was made clear in a case called Brown v. Louisiana, where the United States Court of Appeals for the Fifth Circuit struck down a curfew that was imposed on protesters in Baton Rouge. The court found that the curfew was not narrowly tailored to serve the government’s interest in maintaining public safety and preventing violence and that it instead infringed on the protesters’ First Amendment rights.

So, while law enforcement can impose a curfew in certain circumstances, it is not always legal. If you are arrested or charged with a crime related to a protest, it is important to speak with an experienced criminal defense attorney to learn about your rights and discuss the best way to defend against the charges. 

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