Attorney General Dana Nessel releases comprehensive legal guidance to law enforcement on balancing First Amendment rights of Michigan protest activity with public safety.
LANSING, Mich. – Michigan Attorney General Dana Nessel has issued a detailed legal memorandum to law enforcement agencies statewide, addressing protest and picketing regulations in anticipation of an uptick in demonstrations throughout 2025. The guidance, which includes a letter and a video, aims to clarify the intersection of First Amendment rights with state laws and local ordinances to assist law enforcement in managing potential conflicts.
“I anticipate that 2025 will be a year of increased exercise of these rights, and citizen protests are likely to play a large part in our national discourse,” said Nessel. “This guidance is intended to support law enforcement and lawmakers in navigating situations where constitutionally protected speech intersects with public safety regulations.”
This memo harkens back to June of 2020 when over 200 protesters turned up in front of the Huron County Michigan county building to express an awareness of the Black Lives Matter protests.
Comprehensive Guidance for Law Enforcement
The memorandum highlights key situations where protests and picketing could lead to conflicts, including:
- Campaign activities near voting locations, where free speech could interfere with electoral integrity.
- Demonstrations at private residences are a sensitive issue balancing personal privacy with public expression.
- Protests at public institutions such as schools, universities, hospitals, and government facilities.
- Activities at funeral and burial sites, where decorum and grieving rights are paramount.
- Protests at the Michigan State Capitol are a frequent focal point of civic discourse.
The guidance underscores the need for law enforcement and prosecutors to exercise “good judgment” in interpreting these nuanced legal situations.
“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 added.
Balancing Free Speech and Public Safety
The guidance, available on the Michigan Department of Attorney General’s website, serves as an educational tool for law enforcement and legal professionals to foster dialogue on protecting constitutional rights while maintaining public order. Nessel stressed the importance of ensuring clarity in laws governing speech and public assembly, as misunderstandings could lead to unnecessary conflict or litigation.
The document also references last year’s high-profile clearing of The Diag at the University of Michigan, an incident involving conflicting interpretations of protest regulations. Nessel noted that the memorandum could provide a framework for addressing similar situations in the future.
First Amendment Protections in Focus
The Attorney General’s initiative comes amid a politically charged environment, with protests and demonstrations expected to rise. The memo emphasizes that law enforcement must be prepared to uphold constitutional protections while managing potential disruptions. It also encourages collaboration between state and local prosecutors to ensure consistent application of the law.
Nessel’s office has pledged to continue prosecuting cases related to past protests while advocating for proactive legal education for law enforcement.
Context and Broader Implications
This guidance reflects growing tensions nationwide over the balance between free expression and public safety. Michigan’s recent history of high-profile protests, from electoral disputes to public health mandates, underscores the need for clear legal frameworks. Nessel’s move aligns with efforts in other states to address these complex issues through proactive guidance rather than reactive litigation.
Find More Interesting Feature Stories From ThumbWind
- Michigan Features – Unveiling the people, places, and events that make the Great Lake State unique, exploring hidden gems and must-do activities.
- Weird Political News – A sarcastic take on government news, true and sourced, revealing the unusual side of U.S. politics.
- Michigan News – News and events from Michigan’s Upper Thumb, covering regional stories worth knowing.
Your Turn – Like This, or Hate it – We Want To Hear From You
Please offer an insightful and thoughtful comment. We review each response. Follow us to have other feature stories fill up your email box, or check us out on ThumbWind Publications.
