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Was I Right or Was I Wrong? … First Amendment Factors that may be Considered in the Event of an Arrest

First Amendment Factors that May be Considered in the Event of An Arrest

Posted 6 years ago by Detroit Bail Bonds

First Amendment Factors that May be Considered in the Event of an Arrest“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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.”

As Americans, we base many of our beliefs on the First Amendment, but at what point are our claims of being protected invalid? What is not OK to say? When is it not OK to gather in public?

Only an attorney, judge, or jury can fully explain or determine what is just and what is not when it comes to how the First Amendment is interpreted.

However, if you’ve been arrested in the Port Huron area or anywhere in Michigan as a result of an alleged crime that you would argue based on First Amendment factors, there are a few things you should know in order to state your case.

First Amendment Factors to Consider

  • The First Amendment prohibits restrictions on the content of what you say, but local law enforcement officials can place restrictions on time and place regarding speech and noise.
  • You can speak in public meetings, but government officials can control the meetings in order to prevent chaos, threats, and acts of violence.
  • You can pass out literature in public places as long as you are not blocking doorways, behaving in an overly aggressive manner, trespassing onto private property, or violating voting laws.
  • You may picket and gather in public places, but must do so in an orderly, peaceful manner.
  • You can take photographs or videos if you are standing or sitting in a public place. However, you cannot disturb the peace or interfere with a police investigation, such as crossing the barriers of a crime scene.
  • When it comes to the freedom of the press aspects of the First Amendment, a variety of documents exist to describe what is legal and what is not, including the Freedom of Information Act. Generally, journalists have the same rights and rules as others regarding speech and behaviors in public places.
  • In rare circumstances, the use of profanity can be considered a crime in some states and cities. Words that imply violence, such as a terrorism threat or bomb threat like those made in Pontiac and Port Huron earlier this year, can lead to arrest.

In the Event of an Arrest

If an officer approaches you based on First Amendment factors he or she believes you violated, do not resist arrest. Do seek help from a lawyer immediately in order to fight the charges, and exercise your right to remain silent.

If you need help getting out of jail after the arrest, contact one of our Port Huron bail bond agents. Our experienced and understanding agents are here to help you regardless of guilt or innocence. Our goal is to ensure your rights are protected, and they include the prevention of cruel and unusual punishment, the right to a fair trial, and the right to due process.

Consult with an attorney to learn more about your specific rights in your particular situation.

First Amendment Factors to Consider in the Event of an Arrest


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