Dear Governor Greitens, Attorney General Hawley, Mayor Krewson, Colonel Karsten, Director Juden, Lt. Col. O'Toole, and Sheriff Betts:
In the coming days and weeks, reaction to the case of former St. Louis Police Officer Jason Stockley will reverberate through our community. It is imperative that the free speech rights of the public and the press be protected and respected by all government officials.
Free Speech is a Right That Needs Breathing Room
Free speech often involves protest, raised voices, anger, and the airing of grievances. Members of the public must be free to protest publicly without interference from government officials, including police.
We understand that there is a difference between exercising one’s First Amendment right to assemble and breaking the law. However, the Constitution firmly protects nonviolent protests even when – and especially when – they stir anger, question preconceptions, challenge government policy, and induce dissatisfaction with the status quo.
There is a firm line dividing protected speech from unlawful behavior. It is the government’s obligation not to stifle speech simply because it is perceived as loud, raucous, or frightening.
America’s robust commitment to free speech allows us all to effect change by speaking up and sharing information. Free speech is the best tool we have for ensuring that the government remains of the people and for the people.
The First Amendment must be carefully protected and vigorously defended. Each and every law enforcement agent has an affirmative duty to ensure that the rights of protesters and the press are protected.
Pretextual Arrests
The protection of free speech cannot be accomplished through pretexual arrests. Using pretextual reasons to arrest, or threaten with arrest, those individuals engaged in peaceful public protests, blocks speech and tramples on constitutional values.
The use of force against protesters absent a real and immediate threat of physical harm to others is never permissible.
Any law enforcement officer engaged in protest monitoring must ensure that the rights of protesters are respected.
To be specific, it is unlawful – absent consent or exigent circumstances – for police to:
- confiscate recorded footage;
- prevent recording by media or private citizens of police activity;
- disperse protesters or members of the media, or order them to leave a public space;
- search an individual; or
- enter, search, or raid private homes or sanctuary spaces without a warrant.
Should the ACLU of Missouri receive information or footage evidencing violations of protester civil liberties, we will take immediate action to prevent further abuses. Such legal action could result in court orders and/or attorneys’ fees.
Our hope is that protesters and the media will be allowed to exercise their First Amendment rights while law enforcement officials monitor and observe for the sole purpose of public safety.
Instructing all officers in and around active protests on allowable actions and what constitutes unlawful behavior best serves all parties.
Sincerely,
Jeffrey A. Mittman
Executive Director
ACLU of Missouri