Here’s your guide for protesting safely in Virginia, including helpful tips and organizations.
Taking to the streets to exercise our First Amendment right to free speech is nothing new for Virginia residents. In fact, the Commonwealth has a rich history of taking such actions. If you’re looking to get behind a cause that’s close to your heart, here’s your guide for protesting in Virginia, including tips and organizations you may consider joining.
History of protesting in Virginia
Virginia has a long and rich history of protesting over the centuries, with the most notable period being the Civil Rights era.
Barbara Johns-led walkout
In 1951, then 16-year-old Barbara Johns spearheaded a two-week strike at Moton High School in Farmville. The students walked out of the African American school in protest over its poor conditions and overcrowding. During that period, students refused to attend class in the hope that the county would build a new school suitable for learning. The county previously built plywood and tar paper buildings that lacked heating and plumbing.
The students’ action led to an intervention by the National Association for the Advancement of Colored People (NAACP), which helped them sue to challenge the constitutionality of segregation.
The case, Davis v. County School Board of Prince Edward County, moved to the Supreme Court, where it was decided along with other cases under Brown v. Board of Education. As a result, segregation in public education was declared unconstitutional.
“Pilgrimage of Prayer”
The “Pilgrimage of Prayer” took place in Richmond on Jan. 1, 1959, when 1,800 people gathered at the theatre, The Mosque, as part of a “Pilgrimage of Prayer” meeting through the Congress of Racial Equality. Following the two-hour prayer, 800 of those gathered marched together in the rain to the nearby Virginia State Capitol.
There, they put forward a resolution seeking to establish a biracial commission to reach a solution to the school integration issue that was straining the fabric of the Commonwealth.
Danville Civil Rights Demonstrations of 1963
Tensions flared in Danville during the summer of 1963, shortly after the government’s handling of nonviolent demonstrators in Birmingham, Alabama. From late May through June, roughly 600 protestors were arrested in Danville. Initially, the protesters came together under the banner of the Danville Christian Progressive Association to march on the city’s municipal building to request equal employment opportunities for African Americans for city jobs.
The protests grew once the Student Nonviolent Coordinating Committee stepped in. Two separate marches occurred on Jun. 10 with about 100 protesters in total. They were met with brute force in the form of high-powered hoses and nightsticks.
The protests failed to galvanize broader support, and the protesters were charged under a pre-Civil War statute that criminalized “inciting the colored population to acts of violence and war against the white population.”
Tips
Organizations like the University of Virginia’s Office of Emergency Management and the ACLU of Virginia have developed tip lists for protesters in Virginia.
UVA’s Office of Emergency Management
The University of Virginia’s Office of Emergency Management has developed a list of tips to educate protesters on how to maintain their safety while expressing themselves.
The office encourages protesters to be aware of the influence their actions have on others and on themselves. Additionally, protesters should pay attention to the items others are carrying, as they may be used to instigate violence. If they sense danger, they should move away.
Additionally, be on the lookout for vehicles in the area, as their movements can be dangerous. If a vehicle moves into the crowd, seek out a safe place. For this reason, it’s encouraged that protesters stay on the outside edges of a crowd to allow for quick exits.
ACLU of Virginia
The ACLU of Virginia stresses that the First Amendment does, in fact, protect one’s right to assemble and express one’s opinions through protest, but cautions that some narrow restrictions may be imposed on that right by police and government officials.
Those planning to organize a protest will likely want to check their local permit ordinances to see whether a permit is required. When protesting, the strongest constitutional protections are granted in public spaces like sidewalks. If counterprotesters show up, the organization notes that they have an equal right to voice their opposition, but they are not allowed to physically disrupt the protest. Additionally, the police can only shut down a protest if there is a clear and present danger to public safety.
When attending a protest, keep in mind that it’s illegal for those over 16 to wear a mask with the intention of concealing their identity. When interacting with a police officer, one should always keep hands visible and avoid arguing or resisting. If detained, the ACLU encourages protesters to remain silent and to ask for an attorney.
Those who think their rights have been violated are encouraged to write down what they remember, obtain contact information from witnesses, and photograph any injuries. From there, the information can be used to file a complaint with the suspected agency’s internal affairs division or the attorney general’s office.
Protesting on campus
College campuses have long been viewed as places where students can freely express themselves through protests. However, institutions often have policies that outline how demonstrations should be conducted to ensure community safety.
In 2017, Virginia passed a bill stipulating that public higher education institutions cannot abridge individuals’ constitutional freedom to speak on campus.
University of Virginia
The University of Virginia in Charlottesville says that “promoting free expression and free inquiry on Grounds is core to our mission and integral to who we are.” The university may impose content-neutral time, place, and manner policies to regulate public speech activities on campus so that normal operations are not disrupted.
Those who are affiliated with the university are able to use outdoor spaces for public speaking as long as their actions don’t disrupt normal operations. However, those who are not affiliated with the university must request use of designated outdoor spaces in advance. Importantly, outdoor events, like protests, are not permitted between the hours of 2 and 6 a.m.
Those who plan to use sound amplification, like a megaphone, must receive university approval in advance. Such equipment is generally approved only on Fridays from 6 to 10 p.m. and Saturdays and Sundays from 10 a.m. to 10 p.m.
Virginia Tech
Virginia Tech in Blacksburg ensures that all members of its campus community can exercise their rights to free expression and peaceful assembly, but stipulates that such actions should not interfere with university operations or violate others’ rights. As such, it might stipulate guidelines on time, place, and manner.
Importantly, the university requires that protests don’t obstruct the free flow of pedestrians, attract crowds larger than the space can safely contain, obstruct entrances or exits from buildings, and aren’t aimed at disrupting a university event.
Overnight protests are prohibited from 12 to 6 a.m.
Old Dominion University
Old Dominion University in Norfolk encourages the robust expression of ideas that represent differing points of view. As such, it cannot censor speakers, but they are still required to comply with university policies.
While demonstrations and protests can occur in any open space on campus since there aren’t designated “free speech” zones, it is encouraged that those planning a protest reserve a space in advance. Reasonable time, place, and manner restrictions may apply to ensure regular operations are not disrupted.
You should also make sure the speech expressed during a protest isn’t defamatory or aimed at inciting unlawful actions.
Groups that protest
Various groups in Virginia, like Indivisible, regularly stage protests.
Indivisible
Indivisible is a national movement that seeks to “stop the rise of authoritarianism in the United States and to demand a real democracy.” Comprised of 2,500 groups, it has local chapters in places like Charlottesville.
The Charlottesville chapter holds regular events, including orientations for new members and the People’s Activist Series that educates members on how to use symbolic actions and strategic noncooperation.
Look here to find a group near you.
No Kings
No Kings is a movement founded on the principle that “In America, we have no kings.” The movement has protested the Trump administration’s policies, including masked police and attacks on free speech.
In March, thousands in communities like Blacksburg and Roanoke joined the No Kings movement by marching in protest. In Blacksburg, an estimated 2,000 showed up at Henderson Lawn.
The movement is planning additional protests on May Day, May 1. Organizations like 50501 are also planning to take action that day by encouraging like-minded participants to attend rallies and marches instead of going to work or school that day.
