Arizona Protest Laws: What You Can and Can’t Do

If you haven’t already heard, the memorial service for Charlie Kirk will take place this Sunday in Glendale, Arizona, at State Farm Stadium. The event is already expected to fill the stadium and preparations for overflow seating at the nextdoor Desert Diamond Arena are underway. The event is expected to draw thousands of Charlie Kirk supporters and mourners from all over the country, including President Trump, Vice President Vance, Secretary of State Rubio, and other high-ranking government officials. While organizers of the event are calling for a peaceful, “Sunday’s best” event, there will no doubt be protesters who take to the area. While the freedom of assembly is a Constitutional right, there are actions that, if taken as a protester, can land you in handcuffs, so let’s take a look at what you can and cannot do.

As mentioned, you have every right to assemble publicly “peaceably.” While your own personal definition of what constitutes “peaceably” may differ from that of others, the government definition more or less exists around the areas not defined as unlawful violations of the peace. Essentially, as long as there isn’t a law saying you can’t do it without legal ramifications, you should be allowed to do it. However, the government is allowed to issue time-and-place limitations on assembly to prevent issues from arising.

If protesting, the most important first thing to remember is that private property is private, meaning you cannot assemble there unless otherwise permitted. If you refuse to leave a given area after “reasonable request,” you’ve committed trespassing. There are three degrees of trespassing, all of which are defined upon the type of property entered and the intent of the individual entering the property. The best rule to follow here is: if you are asked to leave a location, leave the location.

We’ve all seen images both locally and out-of-state of protesters blocking roads or highways in protest. While most highways and city streets are public property, Obstructing a Highway and Obstructing Governmental Operations are charges one can incur if choosing to do so. The former can come with a Class 1, 2, or 3 Misdemeanor charge, and the latter is a Class 1 Misdemeanor. Best practice here: you wouldn’t normally just stand in the road, so don’t do it to protest.

Where things start to get very hazy legally are when protests are held in intentional bad faith. Remember, your legal federal right is to protest peaceably, so choosing to protest with the intent to cause harm, destruction, or a riot is known as Unlawful Assembly. Additionally, any actions taken to disturb the peace, engage in fighting or violence, use abusive or threatening language, or refusing to comply with a lawful order constitutes Disorderly Conduct. Disorderly Conduct can be either a misdemeanor or a felony depending on the severity of the circumstances, while Unlawful Assembly is a misdemeanor charge.

Should you find yourself protesting and under arrest, the best thing you can do for yourself is to be arrested as peacefully as possible. In addition to the charges brought before you prior to arrest, any attempt to make your arrest more difficult or to escape arrest is considered Resisting Arrest and comes with an additional charge. Remember, you do not have to speak to the arresting officer at the time of your arrest: stay quiet, stay peaceful, and avoid additional charges.

Protest and assembly are your given rights, but remember, your rights have limitations as defined by the law. While you cannot be stripped of these rights, you can act in a way that goes against your own rights and can come with severe legal consequences. If you choose to protest and find yourself arrested, contact Palestini Law as soon as possible so we can work on restoring your rights the right way.