Great Lakes Wire

Michigan Attorney General Dana Nessel has issued guidance to law enforcement across the state regarding protest and picketing actions. The guidance includes a letter and video that outline relevant state and federal laws, particularly in relation to the First Amendment of the U.S. Constitution. These resources are available on the Department of Attorney General’s website.

Nessel anticipates an increase in citizen protests throughout 2025, which she believes will significantly influence national discourse. "I anticipate that 2025 will be a year of increased exercise of these rights, and citizen protests are likely to play a large part of our national discourse," Nessel stated. She emphasized the need for legal guidance to assist law enforcement agencies and lawmakers in managing situations where constitutionally protected speech may conflict with existing state laws and local ordinances.

The letter highlights the importance of understanding laws governing free speech and other First Amendment rights by both law enforcement agencies and the public. It addresses specific scenarios such as campaign activities around voting locations, protests at private residences, public schools, universities, medical facilities, funeral sites, government facilities like courthouses, jails, police stations, and activities at the Michigan State Capitol.

"While we are issuing this guidance with an eye toward the most common or frequent incidents likely to be encountered by law enforcement officials," Nessel noted that matters concerning First Amendment rights are highly fact-dependent without a one-size-fits-all approach. "This guidance relies on the good judgment of law enforcement as well as prosecutors," she added.

The letter aims to foster discussions among the Department of Attorney General, law enforcement officials, and local prosecutors about constitutional protections. By addressing these issues proactively, Nessel seeks to ensure robust protection for constitutional rights while maintaining personal safety.

Attorney General Nessel's office will continue managing ongoing prosecutions related to past incidents like those at The Diag at the University of Michigan last spring. However, she hopes her letter will serve as a roadmap for local prosecutors handling similar cases in future situations.