This training seeks to provide lawyers with an overview of the key considerations in representing protesters facing criminal charges. Topics include: the values and tactics of representing activists; distinctions between civil disobedience and constitutionally-protected protest; free speech and protest law 101; the right to record; criminal charges frequently received by protesters; and possible constitutional defenses to protest-related charges. 

Martin Stolar has represented countless protesters as part of the National Lawyers Guild’s Mass Defense Committee in New York City. Mr. Stolar shares his experience with protest lawyering and discusses key considerations when representing protesters. Written presentation included.

This page provides resources related to the represention of those whose exercise of their First Amendment rights result in arrest and prosecution. Irrespective of political ideology, the right to protest and petition the government for a redress of grievances is the foundation of American democracy. People who are charged with criminal offenses, many of whom are not persons of means, while standing up for their principles should receive vigorous representation irrespective of their economic status.

Brief for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Foundation for Individual Rights and Expression, and National Association of Criminal Defense Lawyers in Support of Petitioner

Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Colorado, Abrams Institute for Freedom of Expression, National Association of Criminal Defense Lawyers, and National Coalition Against Censorship

Courts may impose gag orders in high-profile cases and other situations in which widespread public interest exists in the crime and the ensuing criminal trial. What are the competing constitutional interests that may be at issue when a court considers imposing a gag order? The authors discuss the basic mechanics of gag orders, such as who can request them, the type of information that can be restricted, and against whom gag orders can be imposed.

Nation's Criminal Defense Bar Launches Effort to Provide Pro Bono Counsel to Protesters -- Washington, DC (Sept. 19, 2017) – The National Association of Criminal Defense Lawyers (NACDL) has a long tradition of fighting to protect constitutional principles and standing up for the individual against the government. In keeping with that tradition, the Foundation for Criminal Justice (FCJ) and NACDL have established the First Amendment Strike Force and Mass Defense Unit.

The "Free Flow of lnformation Act" (S. 448; H.R. 985) … was reintroduced in the 111th Congress. Soon after this legislation was introduced in the 110th Congress (S. 2035; H.R. 2102), NACDL formed its Reporters' Shield Legislation Task Force to study the proposed law and ascertain the potential implications for the integrity and fairness of our criminal justice system. I write ... to explain our specific concerns with the language of the most recent versions and to articulate our view that any legislation of this nature not be used to undermine the criminal justice process.

The undersigned organizations write to express concern over the Justice Department’s demand for information associated with a website used to organize protests on Inauguration Day. While the government, in the face of mounting public pressure, has significantly narrowed its initial demand for data on every individual who visited the site, we remain concerned that the government made its sweeping request in the first place – and that it continues to maintain that this request was legal and appropriate.

to the Criminal Justice System

The media is under attack. Criminal defense lawyers should speak out in support of journalists in their fight to protect their rights under the First Amendment.

Ruling Immigration Law Unconstitutionally Overbroad, But Door Remains Open for Future Challenges

The Supreme Court in Sineneng-Smith did not directly rule against the argument that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. But it is possible that this statute may be challenged in the future.

Brief for National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners (in support of petition for writ of certiorari).

Brief Of Amici Curiae Electronic Frontier Foundation, Brennan Center For Justice, Electronic Privacy Information Center, Freedomworks Foundation, National Association Of Criminal Defense Lawyers, And Rutherford Institute In Support Of Plaintiffs-Appellants’ Petition For Rehearing En Banc.

Coalition letter to members of the Senate urging more changes to the protection of American citizens before voting on the proposed USA FREEDOM Reauthorization Act of 2020 (H.R. 6172).

Brief for Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petition for Rehearing or Rehearing En Banc.