The right to speak out, to gather, and to demand change is written into the foundation of this country. When Tennesseans exercise that right — marching for environmental protection, for racial and social justice, for their community, or for any cause they believe in — they should not have to fear that the government will criminalize their conscience. At Brooks Law Firm, we defend protesters, organizers, and anyone accused of a crime arising from an act of protest or civil disobedience, and we do it by putting the Constitution at the center of the case.
Dissent is not a crime. Standing up is not a crime. When the state treats it like one, you deserve a defense that treats your rights as seriously as the charge.
Your First Amendment Rights
The First Amendment to the United States Constitution guarantees that the government “shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Those are not abstract words. They are the legal backbone of every protest, every picket line, every vigil, and every act of peaceful civil disobedience.
Those protections include:
- Freedom of speech. The right to express your views — including views the government or the majority find uncomfortable — through words, signs, chanting, and symbolic conduct.
- The right to peaceably assemble. The right to gather with others in public forums such as sidewalks, parks, and public squares to demonstrate and be heard.
- The right to petition the government. The right to demand redress and to confront those in power directly with your grievances.
- Freedom of association. The right to organize, join, and support a movement without being punished for the company you keep.
Courts have long recognized that these rights are strongest in “traditional public forums” and that restrictions on speech must generally be content-neutral, narrowly tailored, and leave open ample alternative channels of expression. When the government enforces a law in a way that targets a message, a movement, or a viewpoint, that enforcement can violate the Constitution — and it can be challenged.
Equal Representation for Every Movement
The right to protest belongs to everyone, and so does the right to a vigorous defense. We represent people across the full spectrum of causes, including:
- Environmental and climate advocates — those defending land, water, and community health, including demonstrators near infrastructure and industrial sites.
- Social justice and civil rights demonstrators — those marching against racial injustice, police misconduct, and inequality.
- Labor, housing, and community organizers — those standing up for workers, tenants, and neighborhoods.
- Students and first-time protesters — often young people exercising their voice for the first time and unfamiliar with how the system works.
No cause is too unpopular and no client is too outnumbered to deserve equal, committed representation. The strength of the First Amendment is measured precisely by how it protects the speech that power would rather silence.
Charges Protesters Commonly Face in Tennessee
A peaceful demonstration can lead to an arrest for any number of offenses, and Tennessee has moved aggressively in recent years to increase the penalties attached to protest-related conduct — particularly conduct that blocks roadways. Charges we regularly defend include:
- Obstructing a highway or passageway (Tenn. Code § 39-17-307). Blocking a street, highway, sidewalk, or other public passageway. Historically a misdemeanor, Tennessee lawmakers have repeatedly acted to elevate this offense — in some circumstances to a felony — especially where a roadway or emergency access is intentionally obstructed. Exposure can range from a fine and short jail term to serious felony penalties depending on the specifics.
- Criminal trespass (Tenn. Code § 39-14-405) and aggravated criminal trespass. Entering or remaining on property without authorization — a frequent charge for sit-ins, occupations, and demonstrations on private or restricted public grounds. Recent legislation has also targeted alleged “trespass with intent to intimidate.”
- Disorderly conduct (Tenn. Code § 39-17-305). A broad, often over-charged offense covering fighting, unreasonable noise, or refusing to disperse.
- Resisting arrest / obstruction of justice (Tenn. Code § 39-16-602). Frequently added on top of a primary charge, sometimes based on nothing more than a chaotic arrest.
- Assault (Tenn. Code § 39-13-101). Allegations of contact or threatening conduct, which can arise from crowd-and-police confusion and are often contested on the facts.
- Vandalism / criminal damage to property (Tenn. Code § 39-14-408). Alleged damage or defacement, where the charge level rises with the claimed dollar value of the damage.
- Riot, aggravated riot, and inciting to riot (Tenn. Code § 39-17-301 et seq.). Tennessee has expanded these definitions, so that merely being present in a large, tumultuous crowd can expose a peaceful participant to charges.
- Unlawful camping / occupying public property. Used against overnight demonstrations and encampments on state grounds.
Because Tennessee’s protest-related statutes and penalties have been changing rapidly, the exact charge level and potential punishment in any given case depend on the specific facts, the location, and the version of the law in effect. That is exactly why early, informed legal counsel matters so much.
Tennessee’s Tightening Protest Laws
In recent legislative sessions, Tennessee has enacted and proposed a series of measures that increase the risks facing demonstrators: heightened penalties for obstructing streets and highways, new civil liability allowing people to sue protesters for losses caused by road blockages, expanded riot definitions, and new offenses aimed at common protest tactics. Some measures also address driver liability in roadway-blocking incidents. Much of this activity followed high-profile demonstrations, including a protest that shut down the Hernando DeSoto Bridge (Interstate 40) over the Mississippi River in Memphis.
The practical effect is that conduct once treated as a minor citation can now carry felony exposure and lasting consequences — including potential impacts on voting and firearm rights. Understanding precisely which law applies to your case, and whether it was applied constitutionally, is central to a strong defense.
How Brooks Law Firm Defends You
We do not treat a protest arrest like an ordinary criminal case, because it is not one. When the conduct at issue is protected expression, the Constitution is not just background — it is a defense. Our approach includes:
- Asserting your constitutional rights head-on. We raise First Amendment protections for speech, assembly, and petition, and we challenge charges and statutes that punish protected expression or are applied to target a viewpoint.
- Attacking unlawful stops, arrests, and searches. We scrutinize whether police had lawful grounds, whether dispersal orders were reasonable and clearly given, and whether your Fourth Amendment rights were violated — and we move to suppress evidence when they were.
- Challenging vague and overbroad enforcement. Many protest statutes are written broadly. We test whether the law is unconstitutionally vague or overbroad as applied to you, and whether the state can actually prove every element.
- Exposing selective and viewpoint-based prosecution. When peaceful demonstrators are singled out because of their message, we say so — and we build the record to prove it.
- Fighting the facts. Protest cases often rest on chaotic scenes, mistaken identity, and video that tells a very different story than the police report. We gather footage, witnesses, and documentation to hold the state to its burden of proof beyond a reasonable doubt.
- Protecting your record and your future. We pursue dismissals, diversion, and, where available, expungement, so that a moment of conscience does not become a permanent mark.
Upholding the constitutional provisions that make protest possible is not a slogan for us — it is the strategy. Every motion, every cross-examination, and every argument is built to defend both the client and the right they were exercising.
If You Are Arrested at a Protest
A few things to remember in the moment:
- Stay calm and keep your hands visible. Do not physically resist, even if you believe the arrest is unlawful — fight it in court, not on the street.
- Invoke your right to remain silent. Clearly state that you wish to remain silent and that you want a lawyer. Then stop talking about the case.
- Do not consent to searches of your phone, bag, or person. You can say so out loud and calmly.
- Write down or record what happened as soon as you safely can — officers involved, times, and any witnesses.
- Do not post about your case on social media before speaking with an attorney.
Talk to a Constitutional Defense Attorney
If you or someone you know has been arrested or charged in connection with a protest, a demonstration, or an act of civil disobedience in Memphis or anywhere in Tennessee, contact Brooks Law Firm right away. Call our office at 901-324-5000, or call or text the criminal defense line at 901-412-2973 for texts and voicemails. Our office is located at 2299 Union Avenue, Memphis, TN 38104, in Midtown Memphis.
This page is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Laws change frequently, and the charges, penalties, and defenses that apply to any case depend on its specific facts. No outcome is guaranteed. Please consult a licensed attorney about your particular situation.