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Freedom of Speech vs. Disorderly Conduct at Public Events: Navigating the Boundaries of Free Expression

Freedom of speech is one of the most cherished rights protected under the First Amendment to the United States Constitution. But in Michigan, as in all states, this right is not absolute. We've seen it happen—a person stands up at a city council meeting and delivers a passionate speech, another shouts slogans at a protest in Ann Arbor, or someone makes a controversial statement at a college rally. Next thing they know, they're being arrested for disorderly conduct.

So where exactly is the line drawn? When does free speech cross over into criminal charges in Michigan? Let’s break it down, look at how the law is applied in real-life public settings, and most importantly, how to protect yourself if you're accused of crossing the line.

What Does Freedom of Speech Really Protect?

The First Amendment protects a broad range of speech—political opinions, social commentary, religious views, and even offensive or unpopular ideas. Courts have consistently held that freedom of speech includes the right to express dissent or to criticize the government.

But as a criminal defense lawyer in Michigan, I can tell you that context matters. The state can place certain “time, place, and manner” restrictions on speech, especially to maintain order at public events. That’s where things start to get complicated.

In Michigan, you can’t be punished for the content of your speech, but you can be penalized for the way you express it—especially if it disrupts a lawful assembly, threatens public safety, or incites unlawful action.

Understanding Disorderly Conduct Under Michigan Law

Michigan’s statute on disorderly conduct is found in MCL 750.167. The law covers a broad range of behaviors, some of which can overlap with what might otherwise be considered free speech. Here are a few scenarios that may lead to disorderly conduct charges:

  • Making loud or unreasonable noise in a public space
  • Interrupting a public assembly or lawful gathering with disruptive behavior
  • Engaging in fighting words or behavior likely to provoke a violent response
  • Failing to disperse when ordered by law enforcement at a protest or public disturbance

Disorderly conduct is typically charged as a misdemeanor in Michigan, punishable by up to 90 days in jail and/or a $500 fine. But a conviction doesn’t just end there—it can have lasting effects on your criminal record, job opportunities, and more.

Where the Line Is Drawn: Gray Areas Between Advocacy and Arrest

Let’s say you’re at a political protest in Detroit, and you're shouting slogans critical of law enforcement. You aren’t threatening anyone, you’re not damaging property, but you’re being loud. Suddenly, an officer tells you to quiet down or face arrest.

This is where a lot of people get caught off guard. They think, “I’m just expressing my opinion. That’s my right.” While that’s true, if the authorities believe your behavior is threatening public order, they may step in with a charge like disorderly conduct or even obstruction of justice under MCL 750.479.

Courts will look at critical factors like whether your actions were meant to incite violence, whether your speech interfered with a public event, or if you ignored police commands. The line between lawful protest and unlawful conduct isn't always clearly marked, and that’s how innocent people get tangled up in criminal charges.

Common Trouble Spots: Public Events and Free Speech Conflicts

1. City Council and School Board Meetings

Michigan residents have the right to attend and speak at public meetings under the state’s Open Meetings Act. But there are rules. If you exceed your allotted time, speak out of turn, or use profane language, law enforcement may remove you or issue a citation. Charges may follow if they believe your conduct rose to the level of disrupting an official proceeding.

2. Protests and Demonstrations

Whether you're marching in Lansing, demonstrating on a university campus, or engaging in a counter-protest in downtown Ann Arbor, Michigan law allows these activities as long as they remain peaceful and within the bounds of local ordinances. Blocking traffic or inciting others to riot, however, can get you arrested under disorderly conduct or even unlawful assembly laws.

3. College Campuses

Public universities like the University of Michigan must uphold the First Amendment, but they can regulate event permits, speaker approvals, and use of space. Students and visitors alike have found themselves facing student conduct code violations or criminal charges for what began as a peaceful expressive event.

Real-World Examples from Michigan

In 2022, a group of protestors gathered outside a university building in East Lansing to protest a scheduled speaker. Chants echoed through the crowd and several demonstrators attempted to enter the locked building. Police intervened, and a few protestors were arrested for disorderly conduct and disturbing the peace.

In another incident in Plymouth, a resident addressing a city council meeting became increasingly agitated and refused to yield the podium after his three-minute time slot. Police escorted him out. He was later charged with disturbing the peace—a misdemeanor that can carry up to 90 days in jail.

Both of these people believed they were simply exercising their rights. And in many ways, they were—but how you express your views can change the legal landscape you're standing in.

Fighting a Disorderly Conduct Charge in Michigan

To convict someone of disorderly conduct, prosecutors must prove you acted in a way that disrupted public peace or order. Here are some strong defenses we've used successfully in courts across Michigan:

  • Constitutional Free Speech Defense: If your actions consisted entirely of protected speech, you may have a strong argument for dismissal under the First Amendment.
  • Lack of Disruption: Just because someone finds your speech offensive doesn’t mean it was criminal. If there was no actual breach of the peace, there shouldn’t be a conviction.
  • Unlawful Arrest or Police Overreach: If law enforcement acted outside their authority or used vague interpretations of the law, the court may toss your case.
  • Mistaken Identity or Misunderstood Intentions: People at group events are often swept up with others. Video evidence or eyewitnesses could clear your name.

Each case is unique, and the smallest details can make or break your defense. That’s why it's incredibly important to work with a criminal defense lawyer who understands the intricacies of both constitutional law and Michigan’s criminal statutes.

Conclusion

In Michigan, your right to free speech is protected—but it isn’t without boundaries. When expressing yourself at a public event, protest, or meeting, it's crucial to understand that your intent and manner of speech can bring about charges like disorderly conduct, even if you never intended to break the law.

In times of political and social unrest, these issues surface more often. The blurry line between protected expression and criminal liability requires careful navigation and, sometimes, aggressive legal defense.

If you’ve been accused of disturbing the peace, inciting a riot, or engaging in disorderly conduct while exercising your First Amendment right, don’t fight it alone. Call Aaron J. Boria at (734) 453-7806 for a free consultation and find out how we can defend your freedom, your record, and your future.

Because standing up for your beliefs shouldn’t mean standing alone in court.

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