Mashable

World

Technically, it is illegal to protest inside of Trump rallies

B1d0198eb4c1499c9860770e5c714260
In this March 9 photo, protesters are removed as Republican presidential candidate Donald Trump speaks during a campaign rally in Fayetteville, North Carolina.
Image: AP Photo/Gerry Broome

Republican presidential candidate Donald Trump's campaign rallies have become a fixture in the 2016 election season as much for the candidate's rambling speeches as for the frequent interruptions of said speeches.

Demonstrators have filed in to Trump rallies across the country, shouting their anti-Trump messages and promptly being ridiculed by rally-goers and led out by law enforcement. 

On Saturday, Trump began to call for the arrest of protesters as he was repeatedly interrupted, raising questions about the legality of protest and whether Trump can press charges against demonstrators. So what are the answers?

Is it legal to protest a Donald Trump rally?

In this March 1  photo, a protester is escorted out of a rally for Republican presidential candidate Donald Trump in Louisville, Kentucky.

Image: AP Photo/John Bazemore

The short answer is, no.

In 2012, H.R. 347, a federal law dealing with protest, was amended to make it a crime to "disrupt the orderly conduct of government business or official functions" in areas where the Secret Service is providing protection. 

The Secret Service began protecting Trump in November (they also provide security for Democratic presidential candidates Hillary Clinton and Bernie Sanders). 

What happens to protesters, then?

Republican presidential candidate Donald Trump describes how he was ready to punch a person who rushed the stage during an election rally earlier in the day, as he speaks to a crowd in Kansas City, Missouri, on March 12.

Image: AP Photo/Nati Harnik

Law enforcement has simply tossed out protesters at Trump rallies, but H.R. 347 states that they could be imprisoned for up to a year for trespassing.

So how do protesters protest?

In this March 4 photo, a protester chanting "Black Lives Matter" is escorted away as Republican presidential candidate Donald Trump speaks at a campaign rally in New Orleans.

Image: AP Photo/Gerald Herbert

Demonstrators are technically relegated to free speech zones much like the ones seen on college campuses. 

Such zones are often used to keep dissenters away from media attention, according to the American Civil Liberties Union.

At a recent Trump event at Valdosta State University, in Georgia, the two designated free speech zones were not in sight of the arena where the rally was held. One was a quarter mile away. 

Can Trump arrest whomever he wants?

Donald Trump speaks at a campaign stop in Bloomington, Illinois, on March 13.

Image: Rex Features via AP Images

Trump can call for the arrest of whomever he wants, but he can't do the arresting. 

He has said, however, that he is "going to start pressing charges" against protesters as a way to intimidate them into thinking twice about demonstrating at his rallies.

Based on the change to H.R. 347 in 2012, he may have grounds to press for trespassing charges against any protester who walked into the rally knowing it was a restricted area, according to the ACLU.

Have something to add to this story? Share it in the comments.

Image: AP Photo/Gerry Broome
Load Comments

What's New

What's Rising

What's Hot