Stay out past curfew

Republican and Democrat politicians want to stop you from drinking, smoking, and hanging out. Well here is how to stop them: if you're under 18, courts have ruled that government curfews cannot restrict you from exercising your First Amendment rights AT ANY TIME.

To exercise your rights, you must express a political opinion by handing out political materials, wearing a political T-Shirt, such as one that says 'Pro-Choice,' or by simply wearing anything that has a political message, such as a "Repeal the Curfew" sticker.

• Officer: "What are you doing out past the curfew?
• You: "I'm exercising my First Amendment rights by wearing my 'Repeal the Curfew' sticker (or by handing out political flyers, wearing a Libertarian hat, etc.)."

 
The First Amendment protects you wherever you go: at the movies, a coffee shop, a park, a friend's house, a parking lot. The Founding Fathers of the United States specifically wrote the First Amendment to prevent the government from limiting your ability to express your political opinion.
 
Read about Boston Activists, who violated a local curfew but were ACQUITTED of the charges because they were exercising their First Amendment rights. The judge said that their Constitutional rights negated the curfew.
 
Remember, if you're arrested, and you say that you're guilty, then you are guilty because that would be a confession. Just because the police say that you're guilty does not mean it's true. You can plead innocent and then make the police prove that you were NOT exercising your First Amendment rights.

Police are not judges

QUESTION: (4/2/99) "yes I have been handing out stickers at my school and stickin to the story that if you where it your are exempt. But I called our local police station and they said,"this does not make you exempt" they said if I want to protest out past curfew "the freedom to peaceably assemble" I have to first tell my police station and tell the time and place. So I am not exempt if I wear those, right?"   ANSWER: You do not have to tell the police when and where you plan to protest the curfew. The First Amendment protects your right to political speech at all times. The First Amendment applies while you are in a park, while you are in your car, and while you hang out on any street corner. The First Amendment is with you wherever you go. For example, since courts have ruled that curfews may not limit your First Amendment rights, then you and a friend may be allowed to put on political stickers, buttons, or hats, and exercise your rights by simply walking on the street. Your goal could be to express your political opinions to other pedestrians and, of course, each other. And, much to the dismay of the police, you do not need to notify them when you plan to protest a law while walking down a street. You will not know if you have actually have the right to use the stickers as a curfew defense until the courts decide if you have the right. By wearing the stickers and possibly getting arrested, you will force your local, state, and possibly the Supreme Court to make that decision. Since the police do not want your anti-curfew sticker campaign to be successful they are more likely to tell you that you do not have rights and arrest you even if you do have the right to be out past curfew. But police can only arrest you, they cannot convict you. Only judges can punish you for violating your curfew but even judges can be overruled by more senior judges. If the police do arrest you, then you have the right to plead NOT GUILTY, fight the curfew citation, and sue your city for violating your rights. It is up to you to force the courts explain your First Amendment rights. Finally, keep in mind that teenagers in Boston were arrested for violating a curfew that DOES NOT have a First Amendment exception yet they were eventually acquitted of the charges because they were exercising their First Amendment rights. The judge said, "The question of constitutionality is always before the court." Your local judge may say the same thing, especially if you bring up the Boston case. The police arrested the Boston teenagers but the police were wrong and by fighting the arrest the teenagers proved that they have First Amendment rights even after a curfew. There is always a risk of getting arrested as a political activist. The police waited outside my house one night after I lead a curfew protest in San Diego. Martin Luther King spent many days and nights in jail. And you may follow in his proud and DIGNIFIED footsteps. But if you go to court and win then you'll win big and every teenager in your area will win big. It is up to you to force politicians and intolerant police out of your life. Thanks for writing and keep up the fight.